Can Survivors Claim Damages for Lost Inheritance?

Survivors may be able to claim damages for lost inheritance in certain circumstances, especially if the inheritance was wrongfully taken, affected by misconduct, or lost due to a wrongful act. Courts typically evaluate such claims in the context of wrongful death, fraud, or undue influence affecting the decedent's will or estate distribution.

When Can Survivors Claim Damages for Lost Inheritance?

Wrongful Death:

If a person's wrongful death directly affects the survivor's inheritance (for example, if a wrongful death claim results in changes to the distribution of the deceased's estate), the survivor may be entitled to claim damages. Survivors can seek compensation for both emotional and financial losses, which may include the lost inheritance.

Fraud or Undue Influence:

Survivors may be able to claim damages for lost inheritance if fraud or undue influence was used to alter a will or estate plan. For instance, if someone manipulates the decedent into changing their will, leaving the survivor out of the inheritance, the survivor can pursue legal action for the lost assets.

Estate Mismanagement:

If the executor or administrator of the decedent’s estate mishandles the estate, leading to financial losses or a diminished inheritance, survivors may have grounds to file a claim. This could include negligent handling of assets, failure to pay debts or taxes, or other improper actions.

Contesting a Will:

Survivors may contest a will on grounds such as lack of capacity, fraud, or undue influence. If a will was created under duress or without the decedent’s full understanding, they may be able to claim damages for the inheritance they would have otherwise received.

How Do Courts Evaluate Claims for Lost Inheritance?

Proof of Wrongful Act:

Courts require solid evidence of wrongdoing, such as fraud, undue influence, or wrongful death. Survivors must prove that the loss of inheritance was a direct result of the wrongful action or negligence of another party.

Financial Impact:

Courts will assess the financial impact of the lost inheritance. This can include the value of the inheritance the survivor would have received and any related financial losses, such as additional costs incurred due to the wrongful act (e.g., funeral expenses, legal costs).

Intent of the Deceased:

In cases involving allegations of undue influence or fraud, courts may also look into the decedent’s intentions at the time the will or estate plan was made. Testimonies from witnesses or prior versions of the will can help establish whether the decedent’s true wishes were followed.

Example:

If a decedent's will is altered under duress by a relative who convinces the decedent to leave their assets to them instead of the rightful heirs, the surviving heirs may file a legal claim for the lost inheritance. If the court finds that the decedent's true intentions were manipulated, the survivors may be awarded damages or have the altered will invalidated, ensuring that the assets are distributed according to the decedent's original wishes.