Jared S. Renfroe (2010 J.D. Candidate, University of Tennessee College of Law) recently published his comment entitled Does
Tennessee Need Another Tort? The Disappointed Heir in Tennessee and
Tortious Interference with Expectancy of Inheritance or Gift, 77 Tenn. L. Rev. 385 (2010). The conclusion is below:
"Tennessee should follow the lead of half of the states and adopt the tort of tortious interference with expectancy of inheritance or gift. Current Tennessee law would not be sacrificed because Tennessee could follow the "last recourse" jurisdictions and only allow the cause of action to proceed in cases where there is no adequate probate remedy. Although Tennessee has yet to recognize a cause of action for tortious interference with expectancy of inheritance or gift, Tennessee attorneys, especially those practicing estate planning, should educate themselves on the tort because it is likely that Tennessee courts will eventually recognize it as a valid cause of action."
"Tennessee should follow the lead of half of the states and adopt the tort of tortious interference with expectancy of inheritance or gift. Current Tennessee law would not be sacrificed because Tennessee could follow the "last recourse" jurisdictions and only allow the cause of action to proceed in cases where there is no adequate probate remedy. Although Tennessee has yet to recognize a cause of action for tortious interference with expectancy of inheritance or gift, Tennessee attorneys, especially those practicing estate planning, should educate themselves on the tort because it is likely that Tennessee courts will eventually recognize it as a valid cause of action."
Click here to read the entire article.
Hat tip: Wills, Trust & Estates Prof Blog
Posted by Yi Song, Associate Editor, Wealth Strategies Journal.
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