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As people live longer, many adults are stepping in to care for ageing parents. We usually assume this help is given out of love, without any expectation of payment.

However, the landmark case of Rogers v Wills [2025] has challenged this assumption. It shows that informal care can lead to significant financial liabilities for an estate if there’s an expectation of payment. This case is crucial for anyone involved in giving or receiving family care, as it highlights the need to be aware of potential legal and financial conflicts.

The Rogers v Wills Case

The Rogers v Wills dispute is a rare example of a court finding that there was an intention to create legal relations between family members. It provides a clear warning about what can happen when financial expectations are not formally documented.

Background of the Case

From 2017 to April 2020, Ursula Wills (Sheila) was primarily cared for by her daughter, Bernadette Rogers. In 2015, Sheila had drafted a will that left her estate equally to her six children, with her son, Andrew Wills, as the sole executor. In 2018, both Bernadette and Andrew were granted lasting powers of attorney. Sheila expressed a desire to pay Bernadette for her care, and her other children agreed. However, Bernadette never accepted any payment during her mother’s lifetime.

After Sheila passed away, Bernadette withdrew £100,000 from her mother’s bank account as payment for the care she had provided. Andrew, the executor, reported this to the bank and police. The money was returned, and Bernadette was prosecuted for theft but later acquitted.

Following her acquittal, Bernadette brought a claim against the estate for payment of the care alleging that there was a contract between her and her mother or, alternatively, that she was entitled to be paid based on unjust enrichment of the estate.

The judge ruled in Bernadette’s favour based on two legal principles: a contractual claim and unjust enrichment.

The court found that a binding contract for care services existed, even without a written agreement, because there was a clear intention for payment. The judge determined that the law implies a “reasonable sum” should be paid in such cases.

Additionally, the court ruled that Sheila’s estate was unjustly enriched because she had “freely accepted” the care, knew Bernadette expected payment, and had the means to pay. While the final amount is still to be determined, the court confirmed that the estate is liable for the cost of Bernadette’s care.

What this could mean for your family

This ruling serves as a stark warning. Care provided by a relative can create a legal debt that overrides the terms of an outdated Will. Crucially, these care costs must be paid out before any remaining assets are divided among the beneficiaries, which can drastically reduce expected inheritances.

Relying on spoken promises often leads to bitter, costly family disputes. To protect your estate and your loved ones, clear communication is essential:

If you are receiving care: Agree on the terms of compensation and put them in a formal written agreement. Most importantly, update your Will to reflect these new arrangements.

If you are a carer: Discuss how your time and expenses will be covered. Insist on formalising this in writing, and keep a detailed log of your care hours and out-of-pocket costs.

Assuming family financial matters will naturally resolve themselves after a death is a huge risk. Documenting your wishes ensures your caregivers are fairly rewarded and your family remains united.

If you need straightforward advice on updating your Will, or if you are navigating a complicated estate claim, please contact our Wills or Inheritance Dispute team today.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.