Anderson v. Archer, 490 S.W.3d 175 (Tex. App.—Austin 2016, pet. filed).
The jury determined that Defendant tortiously
interfered with Plaintiffs’ rights to inherit from their uncle and the
court award over $2.5 million in damages. Defendant appealed.
The court reversed holding that Texas does not
recognize a cause of action for tortious interference with inheritance.
The court conducted a detailed review of the numerous Texas cases
discussing tortious interference and determined that although they may
have discussed the tort, they never actually recognized it. The court
also refused to interpret Estates Code § 54.001 as a legislative
admission that the tort exists merely because this provision provides
that filing or contesting a will is not tortious interference. The court
then explained that express legislative action or a decision of the
Texas Supreme Court is needed to recognize the tort.
The court also noted that Plaintiffs had already
received the property with which they alleged Defendant tortiously
interfered. The main component of their damages was not the recovery of
the uncle’s property but rather attorneys’ fees incurred to receive
their inheritance. Thus, Plaintiffs were actually using the tort as a
fee-shifting mechanism to recover fees otherwise unrecoverable due to
Texas following the American Rule that the winning party cannot recover
attorneys’ fees unless authorized by statute.
Moral: Whether Texas courts may award
damages for tortious interference with inheritance rights is in a state
of flux as intermediate appellate courts have differing opinions.
Hopefully, the Texas Supreme Court will grant petition to one of these
cases and decide the issue.