Not only are Claimants entitled to recover a success fee in inheritance disputes, they can now rely upon them as a "financial need" when the Court is making a needs based calculation following the landmark case of Hirachand v Hirachand (2021).

This article reminds us of the steps which should be considered by beneficiary defendants embroiled in Inheritance Act 1975 litigation, including: a meticulous review of the merits of defending the case, sensible consideration of early settlement, and applications for interim payments.

Whilst these tactics are regularly employed by inheritance litigation specialists, the recent case of Hirachand raises the stakes of litigation even higher; focusing parties' minds on dispute resolution as a more pragmatic and cost effective alternative to litigation.