No-win No-fee Success Fee Recovered in Recent Inheritance Act Case

Re H (Deceased) [2020] EWHC 1134 (Fam) was a claim brought against the deceased’s estate by his daughter. She claimed a property, costs of therapy, monthly income and her costs despite being a self-sufficient adult.

The court upheld this claim as, although she was an adult not previously being financially supported by her father, her health precluded her from working. The judge determined that she was entitled to 3 years of therapy and a proportion of her costs.

The solicitors representing her were doing so on a conditional fee agreement (i.e. no-win no fee). The terms of this agreement was that if their client should win, the solicitors would charge their ordinary fees plus an uplift. This is called a success fee. Previously, successful parties in litigation were unable to claim back the success fee on conditional fee agreements from the losing party. Parties were only able to claim their ordinary solicitor’s fees.

However, in this case, Cohen J ordered that the respondents pay 25% of the success fee. He justified this award by stating “If I do not make such an allowance one or more of the claimant’s primary needs will not be met.  The liability cannot be recovered as part of any costs award from the other parties.  The liability is that of Claimant alone. She had no other means of funding the litigation."

This ruling means that parties in inheritance act disputes now have the potential to claim back not only their ordinary solicitor’s fees but also their success fee.  This is a welcoming ruling to those who are reliant upon “no win no fee” funding arrangements to progress an inheritance dispute.

If you would like information about disputing a will, probate disputes or inheritance disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers.  Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.

We offer a free initial free telephone consultation and we can sometimes act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.