CACI No. 2205

Inheritance—Essential Factual Elements

[Name of plaintiff] claims that [name of defendant] intentionally interfered

with [his/her/ nonbinary pronoun] expectation of receiving an inheritance

from the estate of [name of decedent]. To establish this claim, [name of

plaintiff] must prove all of the following:

1. That [name of plaintiff] expected to receive an inheritance from

the estate of [name of decedent];

2. That [name of defendant] knew of the expectation;

3. That [name of defendant] engaged in [specify conduct determined by

the court to be wrongful];

4. That by engaging in this conduct, [name of defendant] intended to

interfere with [name of plaintiff]’s expected inheritance;

5. That there was a reasonable certainty that [name of plaintiff]

would have received the inheritance if [name of defendant] had not

interfered;

6. That [name of plaintiff] was harmed; and

7. That [name of defendant]’s conduct was a substantial factor in

causing [name of plaintiff]’s harm.

[Name of plaintiff] does not have to have been named as a beneficiary in

the will or trust or have been named to receive the particular property

at issue. A reasonable certaintyof receipt is sufficient.

New June 2013