header-logo header-logo

Success story? A case with far-reaching inheritance implications

22 March 2024 / Andrew Wilkinson
Issue: 8064 / Categories: Features , Profession , Wills & Probate , Family
printer mail-detail
164814
While we await the Supreme Court judgment in Hirachand v Hirachand, Andrew Wilkinson analyses the case and its implications on inheritance—for lawyers, families and the third sector
  • The case of Hirachand v Hirachand turns on the specific issue of the success fee. The final judgment could reshape the funding of inheritance disputes, with far-reaching repercussions.

On the 18 January 2024, the Supreme Court heard arguments in the case of Hirachand v Hirachand, one of very few cases ever to be heard by the Supreme Court in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975. The decision, which we are still awaiting at the date of writing, is significant for a large number of cases and could lead to a broader change in the costs regime surrounding claims under the Act.

Hirachand v Hirachand has been years in the making, arising from a 2020 ruling in an inheritance dispute over the will of Navinchandra Hirachand between Nalini, his wife, and Sheila,

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll