Spoliation and tortious interference

Question 1

Elements of Tortious Interference

Answer 1

1. The existence of an expectancy
2. Intentional interference with the expectancy through tortious conduct (e.g. deceit or fraud)
3. Causation
4. Damages

Question 2

Tortious interference

Answer 2

When one party convinces the testator to devise property in a manner that deviates from the expectations of the family or other potential devisees

Different from undue influence as it is tortious conduct

Question 3

What happens in cases of spoliation?

Answer 3

In cases of spoliation, the court must, to the extent possible through the relevant and competent evidence, determine and enforce the contents of the true unaltered will