Probate Funding and the Litigation Funding Debate

42 Pages Posted: 1 Aug 2017 Last revised: 17 Mar 2018

Jeremy Kidd

Mercer University - Walter F. George School of Law

Date Written: July 28, 2017

Abstract

Third-party funding of legal claims is becoming more common, and has been quietly gaining a foothold in the probate arena. Probate funding, the transaction in which a third party purchases the right to some portion of an heir’s interest in an estate, shares many characteristics with broader litigation funding. It also differs in important respects. By comparing and contrasting the two forms of funding, greater insight is gained into the nature of funding and how the law should react to its continuing evolution.

Keywords: Usury, Champerty, Maintenance, Legal Funding, Lending, Investment, Contingency, Interest Rate, Price

JEL Classification: D81, G20, K00, K41

Suggested Citation

Kidd, Jeremy, Probate Funding and the Litigation Funding Debate (July 28, 2017). Washington and Lee Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3010374 or http://dx.doi.org/10.2139/ssrn.3010374

Jeremy Kidd (Contact Author)

Mercer University - Walter F. George School of Law ( email )

1021 Georgia Ave
Macon, GA 31207-0001
United States

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