Richard T. Archer, David B. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. T. Mark Anderson and Christine Anderson, as Co-Executors of the Estate of Ted Anderson

Richard T. Archer, David B. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. T. Mark Anderson and Christine Anderson, as Co-Executors of the Estate of Ted Anderson

The Supreme Court held Texas will not recognize a cause of action for intentional interference with inheritance because existing statutory probate procedures and equitable remedies (notably constructive trust and restitution) provide adequate remedies and because recognizing the tort would improperly conflict with and circumvent Texas probate law and legislative policy; any expansion of remedies is for the Legislature, not the judiciary.

Citation
Richard T. Archer, David B. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. T. Mark Anderson and Christine Anderson, as Co-Executors of the Estate of Ted Anderson
Parties
Petitioner: Richard T. Archer; Petitioner: David B. Archer; Petitioner: Carol Archer Bugg; Petitioner: John V. Archer; Petitioner: Karen Archer Ball; Petitioner: Sherri Archer; Respondent (co Executor of the Estate of Ted Anderson): T. Mark Anderson; Respondent (co Executor of the Estate of Ted Anderson): Christine Anderson
Court
Texas Supreme Court
Jurisdiction
United States
Judgment Date
22 June 2018
Case Number
16-0256
Procedural Posture
Appeal Petition for Review / Supreme Court Review and Final Decision
Outcome
Affirmed
Legal Topics
Intentional Interference With Inheritance, Constructive Trust, Undue Influence, Recognition of New Torts, Attorney Fees, Probate Remedies
Source Language
English
Tort Law Probate Law Trusts and Estates Restitution Civil Procedure Intentional Interference With Inheritance Constructive Trust Undue Influence +3 more

Case Brief

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Parties

Richard T. Archer

Petitioner

David B. Archer

Petitioner

Carol Archer Bugg

Petitioner

John V. Archer

Petitioner

Karen Archer Ball

Petitioner

Sherri Archer

Petitioner

T. Mark Anderson

Respondent (co Executor of the Estate of Ted Anderson)

Christine Anderson

Respondent (co Executor of the Estate of Ted Anderson)

Procedural Posture

Appeal Petition for Review / Supreme Court Review and Final Decision

Legal Issues

  1. 1 Whether Texas should recognize a cause of action for intentional interference with inheritance
  2. 2 Whether existing probate and restitution remedies (including constructive trust) are adequate to redress wrongful interference with an inheritance
  3. 3 Whether recognizing the tort would conflict with Texas probate law and statutory schemes

Ratio Decidendi

The Supreme Court held Texas will not recognize a cause of action for intentional interference with inheritance because existing statutory probate procedures and equitable remedies (notably constructive trust and restitution) provide adequate remedies and because recognizing the tort would improperly conflict with and circumvent Texas probate law and legislative policy; any expansion of remedies is for the Legislature, not the judiciary.

Court Disposition

Affirmed

Orders

  • Judgment of the court of appeals affirmed.
  • Texas does not recognize a cause of action for intentional interference with inheritance; decisions of intermediate appellate courts to the contrary are overruled.