Daughter Wins Care Payment Claim Against Mother’s Estate
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Daughter’s claim for payment for late mother’s care succeeds
A judge has allowed a woman’s contractual claim against her late mother’s estate for the promised payment for caring for her before her death. The court was concerned only with the legal issues – not any moral issues raised by the case.
The contested probate and trusts team at Osbornes Law represent clients in a wide range of disputes involving deceaseds estates.
The case of Rogers v Wills [2025] EWHC 1367 is unusual, but has led to a highly noteworthy decision that could lead to a flood of similar claims in future. It concerned the question of whether there was an enforceable contract that a daughter would be paid for the care she provided to her mother before the latter’s death.
What’s the background?
It is normal for close family to care for their elderly relatives and those who cannot look after themselves. Most carers don’t even think about being paid for doing so, and look after a loved one out of love and a natural, moral sense of responsibility.
In this recent case, Bernadette Rogers cared for her mother, Ursula Wills (known as Sheila), for the last two and a half years of her life. Sheila died in April 2020, appointing her eldest son as executor and leaving her residuary estate equally between her six surviving children.
Bernadette brought a claim against the estate for £135,000 as payment for caring for Sheila in her own home. She argued that she and her mother had agreed she should be compensated for caring for her and this had given rise to a contract. Unfortunately, this was not formalised in writing.
Bernadette also claimed ‘unjust enrichment’: that Sheila’s estate had been unjustly enriched at her expense because of the care she gave to her mother (and that the estate had no defence to this).
The issue had even led to criminal proceedings against Bernadette in October 2022. Shortly after her mother’s death, she transferred a total of around £100,000 from Sheila’s various bank accounts as payment. On Bernadette’s account, the executor had even told her to take payment for looking after their mother. The executor denied this. He then accused her of theft and reported her. She was found not guilty by a jury.
In these proceedings, Bernadette said there was a common understanding and agreement between her and her brothers and sisters that she should be paid reasonably for caring for their mother. The executor said this was not the case – only that there was a tacit understanding she would not be left ‘out of pocket’ as far as expenses were incurred.
On the evidence presented, the High Court ruled in Bernadette’s favour. It concluded that the two women had indeed entered into a contract for Sheila to be cared for at Bernadette’s home for a reasonable price.
Though no specific price was fixed or agreed, the judge concluded “it was plainly a contract for services at a reasonable price” and the estate was therefore liable.
Even if the judge had not been satisfied a contract had been agreed, the estate should be liable to Bernadette in unjust enrichment for the value of care she had provided. All the elements for an unjust enrichment claim were satisfied.
Mediation
As for how much Bernadette is entitled to, the court will determine that matter at a future hearing – unless the parties can come to an agreement. In fact, the judge – who earlier described the case as “an expensive tragedy” given the costs so far incurred – made clear this case “cries out” for mediation.
He said: “It ought to be possible for the parties, in the hands of an experienced mediator, to reach agreement on what is the appropriate amount to represent the liability of Sheila’s estate towards the claimant.” This will avoid further “costly and emotionally wearing” court hearings.
What does this mean?
This case is another sad reminder of how quickly family relationships can deteriorate in times of grief. Many misunderstandings and misconceptions that could result in costly disputes can be avoided if matters were better communicated – and recorded in writing.
How can we help?
At Osbornes Law, our Contested Probate and Trusts team combines deep legal expertise with a compassionate approach to help clients navigate emotionally charged disputes with clarity and confidence. Whether you’re facing a complex inheritance issue or seeking to uphold your rights in a contested estate, our experienced solicitors are here to guide you every step of the way.
For specialist advice about your wills and probate dispute, speak with the expert contested probate solicitors at Osbornes Law. Contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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