Success fees in 1975 Act claims: SH v NH [2020] EWHC 1134


Publication Date:
02 Jun 2020


Description:

Success fees in 1975 Act claims: SH v NH [2020] EWHC 1134

The Family Division has determined that a claimant’s success fee should be awarded to her as part of her award under the Inheritance (Provision for Family and Dependants) Act 1975.

The facts are unexceptional. The claimant claimed against the estate of her late father, and against her elderly mother as the sole beneficiary of his estate. The mother did not defend the claim. The claimant had been estranged from her parents for many years, and suffered various health issues. She asked for a home, a capital sum to cover expenditure and various other sums that would have extinguished the net estate entirely. She also owed her solicitors £84,729 in fees, plus a success fee (if the claim succeeded) of a further £48,175 and asked for the latter sum to be added to her award. 

 

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