Case Summary

5039 REVIEW DENIED. Claim for tortious interference with inheritance cannot be pursued if a will contest would have provided an adequate remedy; the fact that claimant could have challenged codicil in probate was adequate remedy despite risk that pursing such action would have triggered a “no contest” clause that could have deprived claimant of any bequest.

MUNN v BRIGGS (Tortious Interference with Inheritance) 185 CA4 578 REV DENIED [See Doughty v Morris, 871 P.2d 380 (N.M.App 1994); Wilson v Fritschy, 55 P3d 997 (N.M. App 2002); Restatement Second Torts §774B; former CA Probate Code §21320(a)(repealed as of Jan 1, 2010]