Caring for a family member: the case of Rogers v Wills
Should a family member who takes on the burden of providing care to a relative be compensated for their efforts? In Rogers v Wills [2025], the High Court determined that, in some circumstances, they should. Hayley Caprani-Warner, a Senior Solicitor and contentious trusts and probate specialist in Sydney Mitchell’s Dispute Resolution team, explains.
In the case of Rogers v Wills [2025], the claimant had been principal carer for her mother Sheila prior to death, and sued her brother Andrew Wills (executor of the estate) for payment.
Background
From September 2017 until Sheila’s death in April 2020, Bernadette Rogers provided care to her mother, Ursula “Sheila” Wills. Sheila suffered from dementia and had no desire to go into a costly care home. Instead, Sheila moved into Bernadette’s family home in September 2017, where Bernadette provided round-the-clock care. Bernadette’s case was based on that Sheila agreed to reimburse her for that care.
When Sheila sadly died in April 2020, Bernadette withdrew £100,000 from Sheila’s bank account as payment. She was prosecuted for theft as a result.
Claim
Bernadette was acquitted of theft following a jury trial at Bristol Crown Court, and afterwards, she brought a claim against Sheila’s estate for payment for the care she had provided.
She claimed that there was an enforceable contract between herself and Sheila. In the alternative, she claimed that Sheila, and therefore her estate, had been unjustly enriched by receiving Bernadette’s care without paying for it.
The executor of Sheila’s estate, Andrew Wills, Sheila’s son and Bernadette’s brother, defended the claim on behalf of the estate. He argued that the agreement between Sheila and Bernadette went only as far as making sure Bernadette was not out of pocket. On his case, it did not entitle her to recover market rates for the care she provided.
The claim was split into two issues, which were decided at separate hearings:
- Was the Estate liable to Bernadette; and
- What value should be attributed to the care provided.
Ruling
In deciding liability at the first hearing in February 2025, HHJ Paul Matthews heard evidence from family members, including the parties’ siblings and Bernadette’s husband and children, and reviewed WhatsApp messages exchanged between the siblings.
He found that Sheila had the capacity to make an agreement and intended to create legal relations when she agreed to pay Bernadette for her care. A binding contract had therefore been formed to pay Bernadette a “reasonable price” for the care.
At the second hearing in August 2026, another high court judge ruled that Bernadette was owed £127,000 for 850 days of care.
Conclusion
The case demonstrates the importance of discussing expectations regarding family care arrangements openly and clearly, accurately recording the agreement reached, and making the wider family aware of those arrangements.
Hayley Caprani-Warner is an experienced litigator specialising in contentious trusts and probate work. Her recent cases of note include a claim to recover a share of a multimillion pound business from an Estate, acting for the wife in defending vexatious litigation from a son seeking a share of £7 million-plus estate, and acting for a partnership in pursuing an estate to account for partnership assets in the sum of £3.4 million. One Legal 500 referee says of Hayley: “Hayley Caprani-Warner punches well above her weight.. She pushes hard to get the best outcomes for her client, while always offering sensible and well-judged advice.”
