Rogers v Wills [2025] EWHC 1367 Ch - High Court recognises rights of unpaid family carers in estate
Earlier this year, the judgment in the case of Rogers v Wills confirmed that family members who have provided a considerable amount of unpaid care could potentially be eligible for reimbursement from the estate. This judgment has opened the door to new potential claims for reimbursement from family estates regarding unpaid caregiving.
The Facts:
Bernadette Rogers (the claimant) cared for her mother, Ursula Wills (the testator), during the final two and a half years of her life. The testator died in April 2020, and in her will, she divided her residuary estate equally among her six surviving children, appointing her son Andrew Wills (the defendant) as the executor.
After the death of the testator, the claimant made a declaration stating that before the testator died, the testator had agreed with the claimant that she should be compensated for the care the claimant had provided. She also alleged that the siblings had agreed to this and that the claimant should not only be reimbursed for the expenses she incurred but also for the value of the care she had given to the testator before her death.
The Decision
The High Court ruled that the agreement between the testator and the claimant constituted a binding contract for services at a reasonable price. This decision challenges the usual assumption that family care is always given graciously and the judge’s reasoning for this was that: “It was plainly a contract for services at a reasonable price and the testator’s estate is accordingly liable to pay that price”.
A key element in the judge’s reasoning included establishing the testator’s mental capacity at the time of entering into the agreement, which was due to her diagnosis of dementia. The judge took into account various events whilst doing this, such as the testator making a professionally drafted will in 2015, executing her powers of attorney in 2018, and her discussions with her doctor regarding her health issues. She also made clear decisions about purchasing goods and services that she desired. The judge noted that the testator’s diagnosis: “does not automatically mean that she thereafter ceased to have capacity, or that she did not have capacity earlier than that”. This demonstrates that there is no one-size-fits-all approach when dealing with mental capacity, and relevant events and decisions will always be considered when making a legal assessment of capacity, regardless of diagnoses.
Another key element in the judge’s decision was based on a claim of unjust enrichment. This claim succeeded after it was established that the testator had been enriched at the claimant’s expense due to the care she provided. The judge summarised this ruling as follows: “a reasonable person who benefits from services rendered who should have known that the services were expected to be paid for but, having a reasonable opportunity to do so, did not reject them cannot deny having been unjustly enriched.”.
Summary
This High Court ruling that the claimant’s unpaid caregiving over the last two and a half years of the testator’s life was not merely an act of family goodwill, but rather a contractual service expected to be paid for, marks a significant development in the court’s traditionally cautious approach to contractually binding agreements within families.
The ruling highlights a potentially new stance from the courts with regard to legally recognising informal family care-giving arrangements and, in particular, the value of unpaid caregiving in today’s society. The judgment also provides key guidance in relation to assessing mental capacity when a diagnosis is involved.
We Are Here to Support You
If you or a family member needs advice regarding estate claims or unpaid caregiving, our expert team at Nantes Solicitors is ready to help. We provide clear and compassionate guidance tailored to your specific circumstances. To speak with a solicitor, call us today on 01305 771000 or visit our contact pages for our Dorchester, Bridport, Weymouth, or Portland offices.
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