header-logo header-logo

07 February 2025 / Amanda Smallcombe
Issue: 8103 / Categories: Features , Wills & Probate , Inheritance tax
printer mail-detail

Success stories?

207236
Amanda Smallcombe examines success fees in claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Discusses Hirachand v Hirachand and another [2024] UKSC 43 in relation to success fees incurred by a claimant under a conditional fee arrangement.
  • Considers the implications of the Supreme Court decision in that case, for both solicitors and claimants.

On 18 December 2024, the Supreme Court handed down its long-awaited judgment in the case of Hirachand v Hirachand and another [2024] UKSC 43, settling the issue of whether success fees incurred by a claimant under a conditional fee agreement (CFA) are recoverable as part of the substantive award in claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act).

The case

Navinchandra Hirachand (the deceased) died in 2016 and his wife, Nalina Hirachand (the widow), inherited his entire estate under the terms of his will. The widow was in poor health, living in a care home, where she would remain for life. The deceased’s daughter, Sheila Hirachand, had severe mental

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll