Katie Sampson, Trainee Solicitor in the Dispute Resolution team, explains why the decision could have significant implications for family carers, beneficiaries and executors dealing with contentious probate disputes.
A significant decision for family carers
In Rogers v Wills [2026] EWHC 2231 (Ch), the Court awarded a daughter £127,500 for caring for her elderly mother, recognising both a contractual agreement and, alternatively, a claim in unjust enrichment (see below).
The decision is noteworthy because it demonstrates a willingness by the courts to place substantial value on care provided by family members in the right circumstances. In my view it also highlights the importance of documenting any arrangements regarding care and being paid for that care during a person’s lifetime.
Background
Bernadette Rogers cared for her mother, Sheila Wills, from September 2017 until Sheila’s death in April 2020. During this period, Sheila lived with Bernadette and her husband and required significant day-to-day care.
Bernadette maintained that Sheila and other family members had agreed that she would be reasonably recompensed for the care she provided. Following Sheila’s death, a dispute arose between the siblings when Bernadette withdrew £100,000 from Sheila’s bank accounts, allegedly with the verbal authorisation of her brother, who was the executor of Sheila’s estate. The disagreement ultimately led to court proceedings concerning Bernadette’s entitlement to payment for the care she had provided.
The claim
Bernadette brought a claim against the estate for £135,000 based on two legal arguments.
Firstly, she argued that an informal contract existed under which she would receive reasonable payment for the care she provided.
Secondly, she relied on the principle of unjust enrichment. In simple terms, this applies where one party receives a benefit at another’s expense and it would be unfair for that benefit to be retained without payment.
In this case, it meant that Sheila had received the care as a benefit, at Bernadette’s expense and it would be unfair that she received it without payment.
The judgment
The Court ruled in Bernadette’s favour, finding that the estate was liable to pay a reasonable sum for the care she had provided.
Bernadette sought payment at a rate of £150 per day, amounting to £135,000. The estate argued that any award should be based on local authority care rates, which would have resulted in a significantly lower figure.
The Court rejected that approach and awarded £127,500 for 850 days of care. It held that the figure represented a substantial discount compared to commercial care costs while still fairly recognising the extensive care provided.
What does this mean for family carers and estates?
This decision is not binding on future courts. But it may prove influential in similar disputes.
The case demonstrates that:
- Family members may be entitled to payment for care provided to a loved one
- Informal agreements can, in some circumstances, be legally enforceable
- Executors and beneficiaries should carefully consider potential caregiving claims before distributing an estate
As more families take on caring responsibilities for elderly relatives, and as the costs associated with care continue to rise, I believe that claims of this nature will become increasingly common.
Disputes involving estates and family care arrangements can be complex and emotionally challenging. Whether you’re a carer seeking compensation, an executor administering an estate, or a beneficiary facing a potential claim, obtaining specialist advice early can be invaluable.
Our specialist Contentious Probate team can advise on estate disputes, caregiving claims and issues arising during the administration of estates. To discuss your circumstances, contact us on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
