Inheritance: What is financial need?

Sophia Rogers looks at a decision illuminating the position on the recovery of CFA success fees in Inheritance Act 1975 awards Unless a CFA-funded claimant can recover their success fee or a contribution thereto as part of their award, the success fee constitutes a debt which may undermine the purpose of their carefully tailored, needs-based …
This post is only available to members.

Rochford v Rochford [2021] WTLR 951

Wills & Trusts Law Reports | Autumn 2021 #184

The claimant was the daughter of the deceased and the defendant was the sister of the deceased. The deceased had made a will dated 13 September 2017. By that will the deceased had left £25,000 each to the claimant, the claimant’s son and another sister of the deceased. The remainder was left to the defendant.

The net estate was valued at around £245,000. The defendant stood to receive approximately £193,000 less legal fees.

In 1968 the deceased had separated from the claimant’s mother. Thereafter the claimant had a difficult relationship with the deceased. Prior to the birt...

The 1975 Act: After Ilott

Tara McInnes reports on a recent decision in the county court that indicates an understanding approach towards an eligible claimant with little provision and financial need The judge was keen to point out that we still have a system of testamentary freedom. To enable the courts to interfere with such freedom, it needs to be …
This post is only available to members.