Janet Cohen v. Philip Cohen

Summary

In Cohen v. Cohen, 847 So. 2d 1137 (Fla. 4th DCA 2003), the court held that a plaintiff cannot bring a separate tort action for intentional interference with a testamentary expectancy based on a prior will that has been revoked by a later probated will, without first seeking to invalidate the later will. Because the later will expressly revoked the prior will, the plaintiff had no legal expectancy under the prior will to support the claim. The court distinguished Martin v. Martin, where the alleged interference arose from a later trust rather than a will that revoked the prior testamentary instrument.

Holdings

1. A plaintiff cannot bring a separate action for intentional interference with a testamentary expectancy under a prior will that has been revoked by a later probated will, without first seeking to invalidate the later will; the 1997 will has been revoked, so no expectancy exists under it.

Questions Presented

1. Whether a plaintiff may bring a separate action for intentional interference with a testamentary expectancy under a prior will without seeking to invalidate a later probated will that revoked the prior will.

Disposition

affirmed