Executors: Consider the cost of care

Gareth Jones explains that a recent case highlights how seriously executors should take a claim made by a friend or family member of the deceased that they should be entitled to something for the costs of their care.

In the case of Rogers -v-Wills [2025] EWHC 1367 (ch), a daughter claimed against her mother’s estate for the “costs” of her care which she had provided her mother between 2017 and 2020. The daughter was not a professional carer. There was no written agreement.

An Estate Administrator  may expect to see a written contract between the carer and the person who later died before agreeing that the estate should pay for it.

No WRITTEN contract?

But a contract does not have to be in writing, and could still be valid if proved. In  this case, the mother stated orally to her daughter and to the daughter’s husband and children that the daughter had to be paid “properly” for looking after her. The Judge said that there was no reason to take a different view in these circumstances where the daughter cared for the mother than there would if a professional carer had been instructed.  That is the case even where there was no specific fee or rate agreed. The Judge said there was a “contract” and the daughter should be paid.

But that is not the end to the story:

No contract at all?

There does not always have to be an agreement at all for a person to claim the costs of care. In this case, the mother received the benefit of the daughter’s care.  The court said that even if there were no contract at all, then the estate  would receive an unfair windfall if it did not pay the daughter the care costs. This is because the Judge felt that the mother knew the daughter expected to be paid for her care and the mother, knowing that, still did not reject that care.

The level of care in this case was long lasting

It is important to emphasise the daughter cared for her mother for three years, and the Judge found it was an important long term living arrangement, involving hard work and unsocial hours. This is to be distinguished from a relative helping out with the care of someone for a night before they die.

Careful consideration of care costs

Nevertheless, requests for payment for care of a person who has died should be considered carefully by Estate Administrators, even where there is no written agreement.

How Ridley & Hall Solicitors can help

Here at Ridley & Hall, we offer a range of expertise. Our litigation team can advise claimants or Estate Administrators alike as to whether the “carer” should  secure payment, and the steps to be taken. Our Wills, Probate & Trusts team can act in the administration of the estate, and  guide Estate Administrators through the process.

Gareth Jones – Solicitor