In Florida, probate law provides clear pathways for resolving estate disputes, and one key principle is that probate remedies must be exhausted before a party can file a tortious interference claim. This doctrine protects the integrity of probate proceedings and prevents beneficiaries from bypassing probate in pursuit of tort claims. In this post, we’ll explore the legal landscape surrounding this principle and examine when exceptions may apply.
What is Tortious Interference with a Testamentary Expectancy?
Tortious interference with a testamentary expectancy arises when a third party wrongfully interferes with someone’s expected inheritance or gift. The claim is designed to protect the testator’s (deceased person’s) freedom to distribute their property as they choose, rather than shielding the disappointed beneficiary. In essence, the tort is a derivative action that benefits the testator’s right to distribute their assets without undue interference, fraud, or coercion.
Florida first recognized this cause of action in Allen v. Leybourne (1966). Since then, the courts have reiterated that the tort requires proof of fraud, undue influence, or other wrongful conduct. However, this tort can only be pursued if adequate probate remedies are unavailable or exhausted.
Exhaustion of Probate Remedies: A Legal Requirement
The Florida Supreme Court’s landmark decision in DeWitt v. Duce established that if adequate relief is available in probate, the claimant must first pursue those probate remedies before filing a tortious interference claim. If the probate process can adequately resolve a will dispute (e.g., through a will contest), a separate tort claim may be considered redundant and premature.
This requirement ensures the probate court retains primary jurisdiction over inheritance disputes, limiting the potential for conflicting judgments and promoting the efficient administration of estates. As the Florida courts have explained, “public policy strongly favors the finality of probate”
For example, if a claimant believes that a will was created due to fraud or undue influence, the appropriate course of action would be to contest the will in probate court. If the probate court provides an adequate remedy by invalidating the fraudulent will, the claimant cannot pursue further damages through tortious interference.
Exceptions to the Rule
While the exhaustion rule is well-established, there are exceptions. One notable exception occurs when the defendant’s wrongful conduct, such as fraud, is not discovered until after probate. In such cases, the courts have allowed plaintiffs to bring a tortious interference claim even after the probate process is complete, as relief in probate was impossible.
Navigating Probate and Tort Claims
Given the complex nature of probate disputes, it’s crucial for beneficiaries to understand when probate remedies are adequate and when tortious interference may be an appropriate course of action. Courts in Florida prefer that inheritance disputes be resolved within the probate system, but they also recognize that probate remedies may be insufficient in some cases.
For potential claimants, the key is to first identify whether the probate court can provide adequate relief, such as invalidating a fraudulent will or redistributing assets according to a prior will. If probate is insufficient or if wrongful conduct is discovered after probate concludes, a tortious interference claim may be pursued.
In Florida, the principle that probate remedies must be exhausted before pursuing a tortious interference claim is well-settled. This rule underscores the probate court’s primary role in resolving estate disputes. However, exceptions exist, particularly when wrongful conduct like fraud is uncovered post-probate. Beneficiaries who believe they’ve been wrongfully deprived of an inheritance should carefully assess whether probate provides adequate relief before exploring tortious interference as a remedy.
If you have any issues regarding estate litigation we would love to hear from you. Our team litigates cases of this type throughout the state of Florida and we offer free, no obligation consultations.
-Brice Zoecklein, Esq.
813-501-5071
