In re Estate of D.A. Osguthorpe, 2021 UT 23 (July 1, 2021)

In this estate dispute, the district court granted a motion to dismiss appellant’s claim for intentional interference with inheritance finding that Utah law did not recognize that claim. In reversing the order, the supreme court held that Utah law recognizes a claim for intentional interference with inheritance and adopted the elements in Section 19 of the Third Restatement of Torts: Liability for Economic Harm. Such a claim, however, “is not available to a plaintiff who had the right to seek a remedy for the same claim under Utah’s Probate Code.”