Munn

This appeal follows the successful demurrer of Carlyn Munn Briggs (Carlyn) and Michael D. Briggs (Michael) to the petition of Carlyn’s brother James Munn (James) for relief from interference with an inheritance expectancy, a tort that has never been recognized in California. James alleges his sister and brother-in-law interfered with his expected inheritance by unduly influencing their mother Janell Munn (Janell) to sign a codicil to her will that gave $1 million each to Jana Munn Briggs (Jana) and Jack Munn Briggs (Jack), Janell’s grandchildren and the children of Carlyn and Michael. Janell, however, did not make any gift of her estate to James’s children.

James did not challenge the validity of the will and codicil admitted to probate because the codicil contained a no contest clause. That clause specified that if James unsuccessfully contested the validity of the codicil, everything left in the survivor’s trust created by Janell after the death of her husband Henry Lusk Munn (Henry) would pass to Carlyn.

James instead filed a petition in the probate court against Carlyn and Michael alleging they tortiously interfered with his inheritance expectancy (petition for…