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Testamentary Interference Outline

Law Outlines > Wills and Trusts Outlines

This is an extract of our Testamentary Interference document, which we sell as part of our Wills and Trusts Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Wills and Trusts Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

TESTAMENTARY INTERFERENCE

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Tortious Interference with Inheritance o

General
? Reasonable expectancy
? Interference: intentional, negligent, mistaken
? Causation
? Damages

o

Interference By
? Duress
? Menace
? Fraud
? Undue influence
? Mistake
? Also: defamation, forgery, suppression, alteration

o

Jurisdiction
? Probate, civil, or bankruptcy court

Duress o

Unlawful confinement of a person, unlawful detention of person's property, confinement of a person lawfully but fraudulently obtained

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Menace o Threat of unlawful and violent injury to the person or property of the person, or the person's character, or character of person's close relative

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Fraud o

Actual fraud
? Suggestion of fact known to be untrue
? Unreasonable assertion of fact found to be true
? Suppression of fact
? Promise without intent to perform
? Any act fitted to deceive

o

Constructive fraud
? Breach of duty w/o intent that gains an advantage to another's prejudice
? Any other act or omission as the law so declares

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