Tortious interference with inheritance is a type of lawsuit you can file when someone wrongfully stops you from receiving money or property that a loved one intended to leave you. This might happen if a person manipulates an elderly parent into changing a will or secretly destroys a document naming you as a beneficiary.

Why Georgia Is Different From Other States

In many states, people talk about four elements you have to prove for a tortious interference with inheritance claim:

  • An expectation of inheritance
  • Wrongful conduct
  • Causation
  • Damages

However, in Georgia, the courts have been clear that the type of claim doesn’t currently exist under state law.

In Copelan v. Copelan (2003), the Georgia Court of Appeals held that there’s no recognized cause of action for “tortious interference with an expectancy of inheritance.” The court explained that an expectant heir of a living person has no legal interest in property they might inherit in the future. Without that interest, there’s no standing to sue for interference.

That means you cannot simply skip probate and bring a separate lawsuit based on interference. Instead, disputes over wills, trusts, or other estate plans in Georgia usually have to be handled through probate procedures, such as a will contest or a challenge based on undue influence or fraud under Georgia Code § 53-4-12. This statute says a will must be the free and voluntary act of the testator and cannot result from fraud, duress, or undue influence.

If the asset in question is not part of the probate estate, for example, a trust, a payable-on-death account, or property transferred before death, different legal strategies might apply, but they won’t fall under a “tortious interference” theory in Georgia.

Protecting Your Rights Before It’s Too Late

Evidence can vanish quickly: emails get deleted, witnesses forget details, and documents go missing. If you suspect someone meddled with your loved one’s estate plan, act fast. In Georgia, these disputes are usually handled in probate court, often through a will contest or a claim based on undue influence, fraud, or other statutory grounds.

At The Williams Litigation Group, we guide clients through these challenges and fight to protect what was meant for them. Call us at 866-214-7036 to talk about your case and learn your options.