Archer v. Anderson, 556 S.W.3d 228 (Tex. 2018).
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 intermediate appellate court reversed holding
that Texas does not recognize a cause of action for tortious
interference with inheritance. Anderson v. Archer, 490 S.W.3d 175
(Tex. App.—Austin 2016). 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.
On appeal to the Supreme Court of Texas, the court
affirmed holding, “The tort of intentional interference with inheritance
is not recognized in Texas.” The court reasoned that “existing law
affords adequate remedies for the wrongs the tort would redress” such as
a constructive trust. In addition, “the tort would conflict with Texas
probate law.” The court closed the door on this issue which was left
open by the court’s opinion in Kinsel v. Lindsey, 526 S.W.3d 411
(Tex. 2017).
Note that the concurring and dissenting opinion
agreed that in this case, the tort should not be recognized but would
have left the issue open for a subsequent case with more appropriate
facts.
Moral: A claim of tortious interference
with inheritance rights will fail in Texas. It is up to the Legislature
to create this cause of action.