Hirachand v Hirachand

Subject Matter

FAMILY PROVISION — Child — “Reasonable financial provision” — Daughter making claim for reasonable financial provision out of deceased father’s estate — Whether such provision capable of including amount referable to daughter’s liability to pay conditional fee agreement success fee — Inheritance (Provision for Family and Dependants) Act 1975 (c 63), s 3(1)(a) — Courts and Legal Services Act 1990 (c 41), s 58A(6)

[2021] EWCA Civ 1498; [2022] 1 WLR 1162; [2021] WLR(D) 534, CA

PRACTICE — Hearing — Attendance of debarred party — Defendant debarred from taking part in hearing following failure to file acknowledgment of service — Whether court obliged proactively to manage defendant’s attendance at hearing

[2021] EWCA Civ 1498; [2022] 1 WLR 1162; [2021] WLR(D) 534, CA

FAMILY PROVISION — Child — “Reasonable financial provision” — Daughter making claim for reasonable financial provision out of deceased father’s estate — Whether such provision capable of including amount referable to daughter’s liability to pay conditional fee agreement success fee — Whether order for reasonable financial provision “costs order” — Whether payment towards litigation costs capable of being reasonable financial provision for “maintenance” — Whether claim for reasonable financial provision analogous to financial remedy proceedings — Inheritance (Provision for Family and Dependants) Act 1975 (c 63), ss 1(2)(b), 3(1)(a) — Courts and Legal Services Act 1990 (c 41), s 58A(6)

[2024] UKSC 43; [2025] AC 599; [2025] 2 WLR 51; [2025] 2 All ER 281; [2025] 1 FLR 653; [2024] WLR(D) 565, SC(E)

FAMILY PROVISION — Child — “Reasonable financial provision” — Daughter making claim for reasonable financial provision out of deceased father’s estate — Whether such provision capable of including amount referable to daughter’s liability to pay conditional fee agreement success fee — Inheritance (Provision for Family and Dependants) Act 1975 (c 63), ss 1(2)(b), 3(1)(a) — Courts and Legal Services Act 1990 (c 41), s 58A(6)

[2024] UKSC 43; [2025] AC 599; [2025] 2 WLR 51; [2025] 2 All ER 281; [2025] 1 FLR 653; [2024] WLR(D) 565, SC(E)

Appellate History

Commentary

St Philips barristers
Santa? Reflections on Hirachand v Hirachand and Anor [2024] UKSC 43 Case comment

Blackstones Civil Practice 2023
Introduction 6.1