The recent decision in Rogers v Wills highlights the risks of informal family care arrangements. Although the background of this case is relatively straightforward, it spotlights how an informal family care arrangement, seemingly agreed amongst family members, can lead to multiple court cases and an irreconcilable breakdown of a family after the death of their mother.
An informal agreement to pay for a mother’s care
Mrs Wills was an elderly lady who latterly required support from her family as her health deteriorated. Her daughter (Bern Rogers) was her mother’s principal carer from 2017 until Mrs Wills died in April 2020 and during that period, took on almost all the caring responsibilities. This seems to have been in line with Mrs Wills’ wish that she was cared for by family rather than external carers. Bern and Mrs Wills came to an informal agreement that Bern would be compensated (at a reasonable rate) for the time spent on such duties.
Following a fall, the final few weeks of Mrs Wills’ life were traumatic, particularly as this occurred in the first month of the pandemic restrictions. Bern was reportedly required to provide 24/7 care to her mum in extremely challenging circumstances.
How unpaid care led to a family estate dispute
Bern was not paid any money for the caring duties prior to her mother’s death and her position was that her brother (who became Mrs Wills’ Executor) authorised Bern to take funds from their mother’s bank account. After her mother’s death, Bern transferred £100,000 from her mother’s account. This led to a significant family dispute, the funds being confiscated and Bern being charged with theft. She was eventually found not guilty following a criminal prosecution.
It appears that the Executor accepted that the estate would require to pay something but the exact level was disputed. I suspect some family members may have been unrealistic about the true value of Bern’s care of Mrs Wills.
Bern subsequently sued her mother’s estate to recover the sums she felt she was owed. In summer 2025, she was successful with the court accepting the existence of the informal arrangement regarding recompense for the care. In October 2026, it has been reported that she was awarded £127,500, but that award may still be subject to appeal.
While this perhaps an extreme example of the disputes that can arise following a death, there are many important general lessons for families.
Often families step in to help and care for elderly relatives. Such responsibilities can be onerous and be at the cost of a person’s ability to pursue a remunerative career or affect their free time. In such a situation, it may not be unreasonable to expect to be recompensed for the time spent, on the basis that the alternative would be costly third-party care.
Why family care arrangements should be put in writing
The key issue that arose in this case was the basis for the calculation of any payments and how such sums would be paid. It is important to ensure there is clarity about such arrangements before the care commences, albeit that the reality of a situation often means this does not occur. To prove the nature and terms of an informal arrangement is always difficult especially when one of the parties involved has died. Ideally an arrangement is committed to writing. The cost of care cannot be underestimated (as this case has shown) and a realistic discussion about that can avoid later disputes.
Agreeing how and when care payments will be made
Where payments are to be made to compensate a family member, the basis of that calculation and the method and timing of payment should also be made clear. If sums are to be claimed from an estate, there needs to be formality. Removing sums from a bank account after someone has died, however well motivated or seemingly appropriate, is fraught with risks and potential misunderstandings.
Discussing arrangements now to help prevent future disputes
While dialogue amongst family members is often the easiest way to mitigate future conflict, events often overtake such discussions especially when a parent is ill or frail. But, as with so many of the contentious matters I see, I suspect this situation would not have been something Mrs Wills would have wished to happen. Sadly, death often does not bring out the best in families and having arrangements agreed in advance (even if some family members do not like the decisions a parent reaches) can prevent later problems.
Get advice on family care arrangements and estate disputes
If you are agreeing payments for caring for a relative, or have concerns about a claim against an estate, taking advice early can help you understand your options. Contact our Private Client team to discuss your circumstances and how we can help you put clear arrangements in place or resolve a dispute.
