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 health
