Supreme Court Hears Appeal in Landmark Inheritance Act Case: Hirachand v Hirachand

The Supreme Court Hears Appeal in Landmark Inheritance Act Case

This week, the Supreme Court heard the appeal in the case of Hirachand v Hirachand, a landmark case that could have far-reaching implications for inheritance claims under the 1975 Inheritance Act. The case revolves around the recovery of success fees from an estate as part of a claim under the Act.

In the initial ruling, the Court of Appeal held that success fees can be recovered from an estate as part of a claim under the 1975 Inheritance Act. This ruling meant that successful claimants under the Act would be able to preserve a greater share of the monies recovered under a successful claim, but would cost defendants even more.

The Appellant in this case is represented by Wright Hassall, with Counsel Brie Stevens-Hoare KC, Cameron Stocks of Gatehouse Chambers, and Oliver Ingham of 3 Paper Buildings. The Supreme Court is hearing the appeal against the Court of Appeal ruling, which upheld an earlier High Court decision.

The key issue at stake is whether a success fee, not ordinarily recoverable in civil litigation cases, should be treated as a debt and factored into the financial needs assessment under the 1975 Act. If the Supreme Court upholds the Court of Appeal decision, claimants under the Act could potentially recover the success fee payable to their lawyers, even if they are successful in their claim.

Commenting on the potential outcomes of the ruling, Andrew Wilkinson, head of inheritance disputes at Lime Solicitors, highlighted the significant implications of the decision. He noted that the Court of Appeal decision could represent a dramatic change in the funding landscape for these types of claims.

Katie Alsop, Partner and Contentious Probate lead at Wright Hassall, expressed hope that the Supreme Court will reach a positive conclusion that will clarify the uncertainty created by the High Court decision. The outcome of this appeal could drastically change the landscape for all future claims under the 1975 Inheritance Act.

The Supreme Court’s decision in this case will be eagerly awaited by legal professionals and parties involved in inheritance claims, as it could set a precedent for the recovery of success fees in such cases. Stay tuned for updates on this important legal development.