The Supreme Court’s Decision in Hirachand v Hirachand

On 18 December 2024, the UK Supreme Court delivered a key ruling in Hirachand v Hirachand, confirming that claimants pursuing Inheritance (Provision for Family and Dependants) Act 1975 claims on a no win, no fee basis can no longer recover a contribution towards their solicitor’s success fee from their court-awarded sum.

The case involved Sheila Hirachand, who contested her late father’s will and was awarded £138,918, including a portion allocated to her success fee. While the Court of Appeal upheld this decision, the Supreme Court has now overturned it, ruling that success fees remain the claimant’s responsibility.

What This Means for Inheritance Act Claims

For many claimants, financial constraints mean that no win, no fee agreements are their only option. This ruling reinforces that success fees, as in other types of litigation, must be paid from the claimant’s own award rather than being recoverable from the estate.

If you are considering an Inheritance Act claim, understanding your funding options is crucial. Hatch Brenner’s dispute resolution team is here to guide you through your claim and work towards an efficient, cost-effective outcome. Contact us today to discuss your case.