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Daughter who cared for ageing mother wins High Court claim for reimbursement from estate

A landmark High Court ruling in Rogers v Wills confirms that family members who provide significant unpaid care may be entitled to reimbursement from the estate. Collyer Bristow Partner Samara Dutton explores the implications of this important case for private client law and future estate planning.

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Published 10 June 2025

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A recent judgment of the England and Wales High Court (Rogers v Wills [2025] EWHC 1367 Ch) has opened the door to new claims for reimbursement from family estates in respect of unpaid caregiving.

Bernadette Rogers, who cared for her mother Ursula Wills during the final two and a half years of her life, successfully claimed that her late mother’s estate should compensate her for the care she provided — not just for out-of-pocket expenses, but for the value of the care itself. The Court held that the arrangement between Ms Rogers and her mother amounted to a binding contract for services at a reasonable price, rejecting the traditional presumption that such familial care is always given gratuitously.

In the alternative, the Court also found the estate would have been liable on the basis of unjust enrichment, given the clear benefit received.

Commenting on the case, Samara Dutton, Partner at Collyer Bristow, said:

“Rogers v Wills marks a significant development in the application of contractual principles to, and the legal recognition of, informal caregiving arrangements within families and addresses broader questions about how the law values unpaid caregiving particularly in an aging society.  The High Court found that Bernadette Rogers’ extensive unpaid care for her mother over a period of 3 years prior to her death, was not merely an act of familial affection, but rather a service provided with the legitimate expectation of payment of a ‘reasonable’ sum.  

This marks an important move away from the courts’ traditionally more cautious approach to implying contracts into family settings – where such services are often presumed to be gratuitous – and demonstrates that such a presumption can be rebutted where there is sufficient evidence of an agreement or expectation of payment.  This opens the door to similar claims by those burdened with caring responsibilities for elderly family members and serves as a valuable reminder to all, that any agreed remuneration for such services should be properly documented if painful litigation is to be avoided.”

While the Court declined to set the final compensation figure, urging the parties to resolve the matter through mediation,  this decision is likely to prompt wider reflection on how informal care is valued in both private client practice and family dynamics.

If you have further questions or would like to get in contact please speak to Samara Dutton, Partner in Wills & Succession Planning.

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Shorter Reads

Daughter who cared for ageing mother wins High Court claim for reimbursement from estate

A landmark High Court ruling in Rogers v Wills confirms that family members who provide significant unpaid care may be entitled to reimbursement from the estate. Collyer Bristow Partner Samara Dutton explores the implications of this important case for private client law and future estate planning.

Published 10 June 2025

Associated sectors / services

  • Wills & Succession Planning
  • Financial services

Authors

A recent judgment of the England and Wales High Court (Rogers v Wills [2025] EWHC 1367 Ch) has opened the door to new claims for reimbursement from family estates in respect of unpaid caregiving.

Bernadette Rogers, who cared for her mother Ursula Wills during the final two and a half years of her life, successfully claimed that her late mother’s estate should compensate her for the care she provided — not just for out-of-pocket expenses, but for the value of the care itself. The Court held that the arrangement between Ms Rogers and her mother amounted to a binding contract for services at a reasonable price, rejecting the traditional presumption that such familial care is always given gratuitously.

In the alternative, the Court also found the estate would have been liable on the basis of unjust enrichment, given the clear benefit received.

Commenting on the case, Samara Dutton, Partner at Collyer Bristow, said:

“Rogers v Wills marks a significant development in the application of contractual principles to, and the legal recognition of, informal caregiving arrangements within families and addresses broader questions about how the law values unpaid caregiving particularly in an aging society.  The High Court found that Bernadette Rogers’ extensive unpaid care for her mother over a period of 3 years prior to her death, was not merely an act of familial affection, but rather a service provided with the legitimate expectation of payment of a ‘reasonable’ sum.  

This marks an important move away from the courts’ traditionally more cautious approach to implying contracts into family settings – where such services are often presumed to be gratuitous – and demonstrates that such a presumption can be rebutted where there is sufficient evidence of an agreement or expectation of payment.  This opens the door to similar claims by those burdened with caring responsibilities for elderly family members and serves as a valuable reminder to all, that any agreed remuneration for such services should be properly documented if painful litigation is to be avoided.”

While the Court declined to set the final compensation figure, urging the parties to resolve the matter through mediation,  this decision is likely to prompt wider reflection on how informal care is valued in both private client practice and family dynamics.

If you have further questions or would like to get in contact please speak to Samara Dutton, Partner in Wills & Succession Planning.

Associated sectors / services

  • Wills & Succession Planning
  • Financial services

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