Can you be paid from your parent’s estate for caring for them?

A daughter has won the right to be paid over £127,000 from her late mother’s estate for caring for her in her final years. The High Court case, Rogers v Wills, raises a question many families face but few talk about: if one person cares for a parent at home, should they be paid for it?

There are an estimated four million adult children (‘carents’) caring for one or both ageing parents, in-laws, or elderly relatives in the UK. For most people, caring for a parent is an act of love, not a business arrangement. But it can come with significant consequences, including giving up work, paying household costs and putting your life on hold.

So, when that parent dies, the question of fairness often comes up, and it can divide families. Our contentious probate solicitors look at the case of Rogers v Wills and what happens when disputes arise over being paid for caring responsibilities.

Rogers v Wills: what did the court decide?

The daughter looked after her mother, who had dementia, at home for around three years. After her mother died, the estate was to be shared equally between her six children. However, shortly after the mother’s death, the daughter took £100,000 from her estate as payment for the round-the-clock care she provided.

The transfer of such a significant sum out of the mother’s account so soon after her death led to the daughter being reported to the Police for fraud and theft. The daughter was charged; however, at a trial at Bristol Crown Court, she was found not guilty by a jury. After being cleared, she made a claim against the estate for payment for the care she had given.

The Judge found that mother and daughter had agreed, in effect, that the daughter would be paid a reasonable sum for providing care. It was also found that the other children knew of this arrangement. This meant her mother’s estate owed her money, like any other debt of the estate.

The Judge also said that, even without an agreement, it would be unfair for the estate to benefit from years of care without paying for it. This is known as ‘unjust enrichment’. The daughter was paid £127,500 from her mother’s estate to cover the care plus legal costs.

Does this mean I can claim for caring for my parent?

Yes, but it depends very much on the circumstances. This judgment does not mean every carer can or should claim. The outcome in this case depended on the facts, including that the mother knew her daughter expected to be paid through an ‘informal contract’.

If you are caring for a parent, or thinking of doing so, here’s what you can do to avoid finding yourself in a case like this:

1. Talk openly with your parent, and ideally the rest of the family, about whether payment is expected
2. Put any agreement in writing
3. Keep records of the care you provide and what it costs you

If you’re thinking about making a claim against an estate, time limits apply, so take legal advice early.

What this means if you are a beneficiary or executor

If a sibling makes a claim like this, it can feel like a betrayal. Any payment comes out of the estate, so everyone else receives less, which can lead to a family dispute. However, as an executor, you have a duty to deal with claims fairly and properly.

If you are in this position, it’s important to speak to a solicitor who specialises in claims against estates. You should not make any payments without seeking legal advice first.

How parents can plan ahead

If you’re reading this as a parent who is being cared for or who is in discussions with family about a care plan, the best way to avoid a dispute is to make your wishes clear.

If you want a family member to be paid for caring for you, put it in writing and make sure your Will is up to date. You can also write a short explanation in a Letter of Wishes to accompany your Will. All of this can prevent years of arguments later.

How we can help

If you are facing a dispute about a loved one’s estate, our contentious Trusts and probate lawyers can help. Equally, if you are planning for the future and want to put things in place to avoid family fallouts, our Wills and estate planning solicitors can guide you through it.

Contact us on 0117 325 2929 or fill out this form, and we will be in touch.