The recoverability of success fees in claims under the Inheritance (Provision for Family and Dependants) Act 1975 (Bullock v Denton and H (Deceased))

Article summary

Private Client analysis: In two recent cases involving claims under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA 1975), the respective judges were directed to consider whether the claimants’ success fee under a conditional fee agreement (CFA) should be paid from the estate as part of what constitutes reasonable financial provision. In both Bullock v Denton [2020] Lexis Citation 191 and H (Deceased), Re [2020] EWHC 1134 (Fam), the judges allowed the claims and further determined that a success fee is rightly regarded as a debt for which the claimant alone is liable, and should therefore be considered as part of the review of the claimant’s financial needs and resources under IPFDA 1975, s 3(1)(a). In this respect, the judgments are notable for contradicting the long-held position of contentious probate practitioners that the recoverability of success fees was precluded by the Jackson Reforms of 2013. Written...