Adverse Party
An adverse party refers to an individual or entity involved in a legal proceeding who is opposed to another party’s interests. This term is often used in the context of litigation, where two or more parties present conflicting claims or defenses before a court.
In the realm of estate planning, an adverse party may arise during disputes over a decedent’s will or trust. For instance, if one heir challenges the validity of a will, the heir contesting it becomes the adverse party to the executor or other heirs who support the will’s validity.
In business law, the term can apply in various contexts, such as in contract disputes where one party alleges that the other has breached their agreement. Here, each contracting party is an adverse party in relation to claims and defenses regarding the contract’s terms.
Overall, understanding the concept of an adverse party is crucial, as it underscores the nature of opposition in legal disputes, impacting the strategies employed by attorneys and the outcomes of cases.
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