Probate Funding and the Litigation Funding Debate
42 Pages Posted: 1 Aug 2017 Last revised: 17 Mar 2018
Date Written: July 28, 2017
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: Suggested Citation