The Execution of A Settlement Agreement Releasing Claims Involving the Validity and Enforceability of Estate Planning Documents May Preclude An Intentional Interference With Expectancy of Inheritance Claim

Thompson v. Butler, 2nd Dist. App. No. 25408, 2013 Ohio 1075. The decedent's children inherited less from their father's estate and trusts due to significant benefit provided to the children's stepmother. The children and stepmother came to a negotiated settlement in which the stepmother disclaimed a substantial portion of her interest to the children in exchange for a release of all claims against her and/or her heirs involving the validity and enforceability of their father's estate planning documents. After the stepmother passed away and gave her entire estate to the former trustee of her and the father's trusts, the children began to suspect that the former trustee was involved in the objectionable estate planning that caused their stepmother to negotiate a settlement with them. The children then brought a claim against the former trustee for intentional interference with expectancy of inheritance. Their claims were dismissed because they had previously released the stepmother and all of "her heirs" from claims involving the validity and/or enforceability of the father's estate planning documents. Because the former trustee was the heir of the stepmother, the children's release of claims applied to him as well and the dismissal was upheld on appeal.