Briggs v. BriggsAnnotate this Case
In response to a certified question from the district court the Supreme Court declined to recognize a cause of action for tortious interference with inheritance or expectancy of inheritance, holding that adopting such a cause of action and expanding tort liability to the already existing remedies available to estate litigants in South Dakota was unnecessary.
Plaintiff filed a complaint against Defendant, his sister, alleging claims for tortious interference with inheritance or expectancy of inheritance, breach of fiduciary duty, and negligence. The district court dismissed the negligence and breach of fiduciary duty claims then certified to the Supreme Court the question of whether South Dakota recognizes tortious interference with inheritance or expectancy of inheritance. The Supreme Court answered the question in the negative after considering the decisions from other jurisdictions and other policy considerations under existing law in the State, holding that Plaintiff failed to convince the Court that existing remedies were inadequate.