Probate Funding and the Litigation Funding Debate

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