Think Someone Interfered With Your Expected Inheritance?

The claim matters when a person was named, or clearly expected to be named, in an earlier plan and lost that gift through improper conduct. This guide covers the core ideas, the timing rules that matter most, and how a matter usually moves forward.

What Tortious Interference With an Inheritance Means in Florida

That difference shapes the whole claim.

Picture a parent whose earlier will left the family home to you. Later, someone pressures the parent, and a newer will leaves you out. The harm is the lost gift, and the dispute centers on how the change happened.

Two related claims often appear in the same case. A will contest asks a court to void a document. Florida law says a will is void if fraud, duress, mistake, or undue influence procured it (Fla. Stat. § 732.5165). A trust can be voided for the same reasons (Fla. Stat. § 736.0406).

Business disputes use a different test. In Ozyesilpinar v. Reach PLC, the Third District described a business-relationship claim. That claim requires an actual and identifiable understanding or agreement. Inheritance claims arise from family estate plans, so don’t mix the two standards.

What Florida Courts Require You to Prove

A claim generally asks three questions. Was there a real expectation? Did someone interfere on purpose? Did that interference cause the loss? The answers depend on the facts in your file.

• A real expectation. This is usually an earlier will or trust that named you. A clear written plan is much easier to show than a vague hope.
• Intentional interference. Someone acted to change, block, or prevent the gift.
• Improper conduct. Florida’s estate statutes name fraud, duress, mistake, and undue influence as ways a trust can be improperly created or changed (Fla. Stat. § 736.0406).

A family argument is not the same as improper conduct. Courts look at what actually happened.

Undue influence has its own rule in will contests.

Who Can Bring the Claim and Who Can Be Named

Heirs and beneficiaries named in an earlier plan, who received less or nothing after a change, are the people who usually bring this claim. They have the most to lose from the new document.

The person named as a defendant is whoever steered the plan. That could be a relative, a caregiver, a new spouse, or anyone who helped change the documents.

The real question is whether improper conduct, such as fraud or undue influence, caused the change.

Related remedies also matter. When property passes by intestate succession or a will is unclear and there is doubt about who is entitled to it or the shares, any interested person may petition the court to determine beneficiaries or their shares (Fla. Stat. § 733.105). A personal representative who breaches a duty is liable to interested persons for the loss (Fla. Stat. § 733.609). A trustee who breaks a duty to a beneficiary can face court orders to account, suspension, or removal (Fla. Stat. § 736.1001).

Timing, Damages, and Common Defenses

Deadlines depend on the type of document and the type of claim, so early review matters.

• Will contests can’t start early. An action to contest a will may not begin before the testator dies (Fla. Stat. § 732.518).
• Later wills. If a later will turns up, an interested person may petition to revoke the earlier probate. No will may be offered after the estate is completely administered and the personal representative is discharged (Fla. Stat. § 733.208).
• Revocable trusts. A contest is barred if not started within the earlier of the chapter 95 period or six months after the trustee sends a copy of the trust and a required notice (Fla. Stat. § 736.0604).
• A trustee must notify qualified beneficiaries within 60 days after the trustee learns an irrevocable trust was created, or that a formerly revocable trust has become irrevocable, unless the trust was created (or, if revocable, became irrevocable) before the effective date of this code (Fla. Stat. § 736.0813).

Florida’s general limitation rules sit in chapter 95. For actions other than recovery of real property, each category has its own period (Fla. Stat. § 95.11).

The record in each case decides which losses are shown.

Common defenses include a claim that no reasonable expectation existed, that the conduct was lawful, that the interference did not cause the loss, or that the person who made the plan decided on their own. Write down when and how you first learned of the new document. Those dates matter.

How a Claim Typically Moves Forward

A matter usually starts with a consultation and document review, then moves through notice, filing, and court steps.

1. Consultation and intake. Bring any prior wills, trust documents, amendments, and probate or trust notices you have.
2. Document review. Identify the earlier expectation, the change, and the conduct at issue.
3. Review of related options. Other paths can include a petition for an accounting or a challenge to how an estate is being handled.
4. Notice and filing. Pre-suit notice is used when appropriate, then the case is filed in the proper Florida court.
5. Discovery and motions. Depositions and motions come next, followed by mediation or trial.

The timeline varies with the record and the court’s schedule. Each step matters.

Why Work With Trust Counsel, PL

Trust Counsel, PL focuses on Florida trust and estate matters, including probate litigation and trust litigation.

• The firm advises and represents trustees, personal representatives and beneficiaries.
• Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm itself does not serve in that role.
• Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also a lawyer at the firm.
• Our only office is in Coral Gables, Florida. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne, and Aventura.
• No outcome, result, or success rate is promised or implied here.

Frequently Asked Questions

Talk With Trust Counsel About Your Situation

If a parent’s estate plan changed in a way you think someone else influenced, you may not know what comes next. You can start by talking through the documents you already have. The first consultation is free, confidential, and carries no obligation to continue. Call (305) 707-7126 or schedule a free strategy call online.