The “Hirachand” Shock: Why Success Fees are No Longer Recoverable

For years, the “Holy Grail” for inheritance claimants was recovering their No-Win-No-Fee success fee from the estate. This ended with the Supreme Court’s landmark ruling in Hirachand v Hirachand (2025). This 1,000-word analysis explains why success fees are now the claimant’s sole responsibility and how this ruling fundamentally changes the strategy for “Maintenance” claims under the Inheritance Act 1975.

The Death of “Back-Door” Cost Recovery

Historically, claimants in Inheritance Act 1975 cases argued that their legal “success fee” (the uplift paid to solicitors in No-Win-No-Fee deals) was a “financial need.” If a claimant was awarded £100,000 but owed their lawyer a £30,000 success fee, judges often inflated the award to £130,000 so the claimant wasn’t left “short.”

The Supreme Court in Hirachand [2024/25] has decisively shut this door. The court ruled that a success fee is a “litigation cost,” not a “maintenance need.” Consequently, it is legally prohibited to factor these fees into an award. This brings probate in line with the Jackson Reforms, ensuring that the “loser” doesn’t pay a premium for the “winner’s” choice of funding.

The Math of a Modern Claim

In the post-Hirachand era, every claimant must perform a “Net Inheritance” calculation before filing.

• The Scenario: You claim £200,000 from your late father’s estate. You win.
• The Cost: Your solicitor’s “base costs” are £40,000 (recoverable from the estate) but your “success fee” is £15,000 (non-recoverable).
• The Result: You walk away with £185,000. If the estate is small, the success fee can effectively “eat” the entire benefit of the claim. This is a bitter pill for many, especially those in genuine financial hardship.

New Settlement Strategies

Since you cannot recover the success fee at trial, Early Mediation is now the only way to protect your “bottom line.” In a settlement, parties can agree to whatever numbers they like, including a “Global Settlement” that accounts for your fees. Once you step into a courtroom, that flexibility vanishes.

Navigating the Cost Shift

We provide the Authority of the Supreme Court, Education on “Part 36” offers, Empowerment to negotiate better CFA terms, Empathy for the financial risks of litigation, and Urgency to settle before the success fee “accrues” to a level that makes trial impossible.

Let’s Do This Together

Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.

To our team, this process is not about winning; it’s about claiming what was yours from the beginning.

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. Does this mean I shouldn’t use “No Win, No Fee”?

Not necessarily. It remains an excellent way to access justice without upfront costs. However, you must now view the “success fee” as a percentage of your winnings that you will never get back, rather than a cost you can pass on to the other side.

Read our No Win, No Fee guide to learn more: Contesting a Will with No Win, No Fee? Understanding the Cost-Benefit of Pursuing Your Claim

2. Can I still recover my hourly legal fees?

Yes. The “base” hourly rates are still recoverable if you win. Only the “uplift” or “bonus” is barred by the Hirachand ruling

3. What if my solicitor didn’t tell me about the Hirachand ruling?

Solicitors have a duty to update you on “material changes in the law” that affect your financial outcome. If they proceeded to trial without explaining that your success fee was non-recoverable, you may have a claim for Professional Negligence.