Tortious Interference and DJ Verdict Form

Summary

This document is a jury verdict form from a trial court case involving claims for invalidation of a trust amendment due to undue influence and for tortious interference with an expected inheritance. The form sets forth the sequential questions the jury must answer, including the elements of each claim and the applicable burdens of proof, such as whether the defendant exerted undue influence, whether the decedent had a fixed testamentary expectation, whether the defendant intentionally interfered through tortious conduct, and whether the plaintiffs suffered damages. It also addresses the affirmative defense of failure to exhaust probate remedies and provides for a damages award if liability is found.

Questions Presented

1. Did the Plaintiffs prove by the greater weight of the evidence that the First Trust Amendment is invalid because it is the product of undue influence exerted by the Defendant over the Decedent?
2. Did the Defendant prove by the greater weight of the evidence that the Decedent made a valid First Trust Amendment?
3. Did Plaintiffs prove by the greater weight of the evidence that the Decedent had a fixed expectation that the Plaintiffs would inherit certain assets from him upon his death?
4. Did Plaintiffs prove by the greater weight of the evidence that Defendant intentionally interfered with the Decedent's expectancy?
5. Did Plaintiffs prove by the greater weight of the evidence that Defendant intentionally interfered with Decedent's expectancy of inheritance through tortious conduct?
6. Did Plaintiffs prove by the greater weight of the evidence that as a result of Defendant's interference, they suffered reasonably certain damages?
7. Did Defendant prove by the greater weight of the evidence that Plaintiffs had an adequate remedy in the probate proceedings and failed to exhaust their probate remedies?