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This page contains a single entry by Associate Editor published on October 9, 2010 4:08 PM.

Completing Your Estate Plan Despite Tax Uncertainty was the previous entry in this blog.

The Atlantic: The 'Death Tax' Makes Its Ominous-Sounding Return to Election Politics is the next entry in this blog.

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Tortious Interference with Expectancy of Inheritance

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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."

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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