HF 1283

as introduced - 88th Legislature (2013 - 2014) Posted on 03/05/2013 11:26am

A bill for an act
relating to civil actions; establishing a cause of action for intentional interference
with the expectation of inheritance; proposing coding for new law in Minnesota
Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.191] INTENTIONAL INTERFERENCE WITH THE
EXPECTANCY OF INHERITANCE; CIVIL LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given them:
new text end

new text begin (1) "inheritance" means a devise or bequest that would otherwise have been made
under a testamentary instrument or any property that would have passed to the plaintiff by
intestate succession; and
new text end

new text begin (2) "gift" means a donation, gratuity, or benefaction that would have been received
from another person.
new text end

new text begin Subd. 2. new text end

new text begin Liability. new text end

new text begin (a) A person who by fraud, duress, or other tortious means
intentionally prevents another person from receiving an inheritance or gift from a third
person that would otherwise have been received by that person is liable for the person's
loss of the inheritance or gift.
new text end

new text begin (b) A person injured by a violation of this section may bring an action to recover
actual damages sustained. A prevailing plaintiff in an action under this section may also
be awarded costs, disbursements, and reasonable attorney fees.
new text end

new text begin (c) This section does not bar other causes of action based in tort or otherwise limit
the remedies available for those actions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to actions arising on or after that date.
new text end