Caring For A Parent: Can You Be Paid From Their Estate?

A recent High Court decision (Rogers v Wills, 2025 EWHC 1367 Ch) has attracted attention after a daughter successfully claimed more than £127,000 from her late mother's estate for the care she provided during the final years of her life. The case raises important questions about caregiver claims against estates, inheritance disputes, and whether family members can be paid for caring for elderly relatives. 

The case involved Bern Rogers, who cared for her mother, Sheila Rogers, for approximately two-and-a-half years after she moved into her daughter's home and was later diagnosed with dementia. According to the evidence accepted by the High Court, mother and daughter had agreed that Bern Rogers would receive payment for providing round-the-clock care.   Following Sheila Rogers' death in 2020, a dispute arose between family members regarding whether such an agreement existed.   Bern paid herself £100,000 but this led to criminal proceedings in which she was acquitted.  The matter then proceeded through the civil courts.  The High Court ultimately found that an enforceable agreement existed and later assessed the value of the care provided at £127,500 for approximately 850 days of care. 

Traditionally, the law has often presumed that family members provide care out of love, affection or moral obligation. However, this case demonstrates that courts may be willing to enforce informal family arrangements where there is sufficient evidence that payment was intended.  The court applied ordinary contractual principles to a family relationship and accepted that a binding agreement could exist despite the absence of a formal written contract and despite no specific payment figure having been agreed. 

As more families provide care for elderly relatives rather than relying on professional care services, disputes of this nature are likely to become increasingly common.

Common areas of disagreement include:

• Whether the family carer was supposed to be paid.
• Whether an agreement was ever reached.
• How much the care was worth.
• Whether payments taken from the deceased's assets were authorised.
• Whether any payment unfairly reduces the inheritance available to other beneficiaries.

These issues frequently arise during the administration of estates and can lead to costly litigation if expectations have not been clearly documented.

If a parent intends to compensate a child or relative for providing care, it is sensible to:

• Record the arrangement in writing.
• Keep records of care provided and expenses incurred.
• Discuss the arrangement openly with family members.
• Review wills and estate planning documents to reflect the arrangement.

Clear documentation can significantly reduce the risk of a future inheritance dispute.

Executors have a duty to protect the estate while also considering legitimate claims made against it.

Where a family member alleges that they are entitled to payment for care provided to the deceased, executors should obtain legal advice before accepting or rejecting the claim.  The cost of early advice is often far lower than the cost of contested court proceedings.

With an ageing population and increasing reliance on unpaid family carers, this case highlights an important legal issue that many families may not have considered.

While every case will turn on its own facts, the judgment suggests that courts may be prepared to recognise the substantial personal and financial sacrifices made by family carers where there is evidence that payment was intended. 

Our contentious probate solicitors advise executors, beneficiaries and family members on:

• Inheritance disputes
• Claims against estates
• Executor disputes
• Contested wills
• Proprietary estoppel claims
• Inheritance Act claims
• Estate administration disputes

If you are involved in a dispute concerning a loved one's estate or believe you may have a claim arising from care provided to a relative, our specialist team can help.