In re Estate of Valdez, 406 S.W.3d 228 (Tex. App.—San Antonio 2013, pet. denied).
After Proponent filed applications to probate the testatrix’s will, Contestant filed a will contest. Proponent then attempted to hold Contestant liable for tortious interference with inheritance rights. The trial court granted Contestant a summary judgment.
The appellate court affirmed. Citing Probate Code § 10C (now Estates Code § 54.001), the court explained that Contestant could not be held liable “because his lawful act of filing a will contest was not tortious conduct.” Id. at 234.
Moral: A will contestant cannot be held liable for tortious interference with inheritance rights.