When a loved one dies, Florida law provides a structured process to determine heirs, administer the estate, and distribute assets according to the decedent's wishes. But what happens when someone wrongfully prevents the inheritance you were supposed to receive?

In these rare but serious circumstances, Florida recognizes a separate civil action called tortious interference with an expectancy (also known as tortious interference with an expected inheritance). This claim protects beneficiaries when a wrongdoer manipulates or obstructs the normal estate process through fraudulent, malicious, or deceptive conduct.

Although probate courts handle most inheritance disputes, tortious interference is a powerful tool when probate procedures alone cannot provide justice.

What Is Tortious Interference With Expectancy in Florida?

Florida courts recognize this tort to remedy misconduct that prevents a beneficiary from receiving an expected gift or inheritance. Unlike will contests (which challenge the validity of a document) tortious interference targets the bad actor, not the will itself.

To win a claim, the plaintiff must prove:

1. Expectancy – The plaintiff had a reasonable expectation of receiving an inheritance or gift.

2. Intentional Interference – The defendant intentionally acted to prevent that expectancy from being realized.

3. Tortious Conduct – The interference involved fraud, duress, undue influence, deceit, or another independently wrongful act.

4. Causation – The misconduct directly caused the loss of the inheritance.

5. Damages – The plaintiff suffered financial harm.

Florida courts emphasize that the interference must involve independently tortious conduct, not mere family disagreements or unhappy circumstances.

Common Examples of Interference in Florida Probate Cases

Tortious interference often appears alongside other probate issues. Examples include:

1. Concealing or Destroying a Will

If someone hides, alters, or destroys a valid will to benefit themselves, that is actionable interference.

2. Fraudulent Statements About Marriage or Heirship

Florida probate requires truthful disclosure of heirs. When someone intentionally lies about the decedent's marital status, heirs, or family relationships, especially to exclude a surviving spouse, that may be fraud on the court and tortious interference.
This type of misconduct appears in cases where a party falsely denies the existence of a lawful marriage or misrepresents the identity of the correct beneficiaries.

3. Undue Influence Prior to Death

If a person pressures or manipulates the decedent into changing estate plans, transferring assets, or disinheriting someone, that interference may also support the tort.

4. Blocking Access to the Decedent

Preventing a beneficiary from contacting the decedent, visiting them, or obtaining information, especially during times of illness, can support a claim when used to influence estate decisions.

Why Tortious Interference Is Different From a Will Contest

Unhappy siblings, symbolizing conflict often seen in Florida probate and inheritance disputes

Florida courts prefer probate remedies first. That means:

• If the wrongful conduct can be addressed within probate (e.g., by challenging a will), the case usually must start there.

• Tortious interference is appropriate when the probate court cannot provide an adequate remedy, such as when:

  • The wrongful actor prevented the will from ever being created.

  • The interfering conduct occurred outside the will itself.

  • The will has already been lost, suppressed, or destroyed.

  • A surviving spouse or beneficiary was intentionally excluded through fraudulent misrepresentations that cannot be resolved by typical probate contests.

If probate cannot fix the issue, a separate civil lawsuit may be the only path to justice.

Proving Tortious Interference: Evidence Florida Courts Look For

Strong cases rely on documentary, testimonial, and circumstantial evidence, including:

• Text messages, group chats, emails, and admissions

• Witness statements regarding threats, deception, or manipulation

• Financial records showing undue influence or secret transfers

• Medical records showing cognitive decline exploited by the wrongdoer

• Foreign or domestic marriage documents proving heirship

• Evidence of fraud on the court (e.g., knowingly false statements in probate petitions)

Florida courts take fraud and concealment seriously, especially when a party knowingly submits false information about heirs, marriages, or estate beneficiaries.

Potential Remedies for Tortious Interference

A successful plaintiff may recover:

• The value of the lost inheritance

• Punitive damages (when conduct is malicious or intentional)

• Attorney's fees (in certain circumstances)

• Equitable relief restoring the inheritance

These damages are often greater than what probate alone could award.

When to Speak With a Florida Probate Litigation Attorney

If you believe someone intentionally interfered with your inheritance, you must act quickly. Florida has strict statutes of limitation and procedural requirements. A seasoned Florida probate litigation attorney can evaluate whether probate remedies are sufficient, or whether a separate tort action is necessary to fully protect your rights.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Gold Legacy Law. For legal advice regarding your personal situation, please contact our office to schedule a consultation.