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Keywords

lawsuitdamagesappealestate planningwill

damagesattorneywill

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Whalen v. Prosser, 719 So.2d 2, 23 Fla. L. Weekly D1812

Facts

Richard and Eva Whalen appealed an order dismissing their complaint against Duane and Garnett Prosser regarding intentional interference with their expectancy of inheritance from Mrs. Hall and Mrs. Reynolds. The Whalens had a longstanding relationship with the Halls, who had no children, and were believed to be the intended beneficiaries of their estates. However, after Mrs. Hall was moved by the Prossers, she executed new estate planning documents that significantly altered the distribution of her estate, favoring the Prossers instead of the Whalens. The Whalens alleged that Mrs. Hall lacked the capacity to make these changes and that the Prossers had exerted undue influence over her.

The Whalens' first amended complaint alleges that William Hall gave Mr. Whalen his first job in Ohio in 1950. The two men developed a deep and longstanding friendship. The Halls had no children, and Mr. Whalen became a surrogate son of the Halls.

Issue

Whether an action for intentional interference with an expectancy of inheritance may be filed by a nonfamily member prior to the death of the testator under circumstances that do not suggest that a remedy subsequent to death will be unavailable or inadequate.

The controlling issue in this case is whether an action for intentional interference with an expectancy of inheritance may be filed by a nonfamily member prior to the death of the testator under circumstances that do not suggest that a remedy subsequent to death will be unavailable or inadequate.

Rule

The court ruled that a claim for intentional interference with expectancy cannot be brought while the testator is alive, as mere expectancy does not constitute a protectable interest.

Although allowing an action prior to the testator's death might simplify proof concerning the issue of interference, it would make the issues of causation and damages even more speculative and would present other difficulties.

Analysis

The court applied the rule by emphasizing that allowing such actions before the testator's death would complicate issues of causation and damages, making them speculative. The court noted that the law typically does not recognize a protectable interest in mere expectancies and that a competent testator has the right to change their estate plan at any time. The court also highlighted the potential for unwarranted interference in the private decisions of living testators.

We decline to permit this pre-death action by a non-family member for reasons both practical and theoretical. As a matter of legal theory, one typically has no protectable interest in a mere expectancy.

Conclusion

The court affirmed the dismissal of the Whalens' complaint, concluding that they had not established any exceptional reason to permit the lawsuit at this time.

Accordingly, we affirm this dismissal.

Who won?

Duane and Garnett Prosser prevailed in the case because the court found that the Whalens could not bring a claim for intentional interference with expectancy while the testator was still alive.

The Prossers would be a mere witness, asked to testify about private conferences with her attorney.

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