Maryland Court of Appeals: Barclay v. Castruccio
In Barclay v. Castruccio from the September Term (2019), the Maryland Court of Appeals was tasked with deciding whether or not to recognize the tort of intentional interference with an inheritance or gift.
Provided below is a brief summary of holding:
Darlene Barclay v. Sadie M. Castruccio, No. 30, September Term, 2019, Opinion by
Adkins, J.
TORT—INTENTIONAL INTERFERENCE WITH AN INHERITANCE OR
GIFT—CAUSE OF ACTION: Maryland recognizes as a cause of action the tort of
intentional interference with an inheritance or gift, and adopts the standards set forth in
Section 19 of the Restatement (Third) of Torts: Liability for Economic Harm.
TORT—INTENTIONAL INTERFERENCE WITH AN INHERITANCE OR
GIFT—TIMING OF INTERFERENCE: When one intentionally interferes with an
inheritance, one is interfering with the relationship between the testator and a potential
legatee. As such, the interference must occur before the end of the relationship, i.e., before
the testator’s death.
Special thanks to Matthew Bogin, (Esq., Bogin Law) for bringing this article to my attention.
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