Caring for an elderly parent can involve significant time, personal sacrifice and financial expense. But what happens when a family member expects to be paid for providing that care and other relatives disagree?

The recent High Court decision in Rogers v Wills [2026] EWHC 2231 (Ch) considered exactly this issue, with the Court awarding a daughter £127,500 plus interest for caring for her elderly mother.

Background to the case

Bernadette Rogers cared for her mother, Ursula Wills, known as Sheila, from September 2017 until her death in April 2020.

Sheila suffered from several health conditions, including dementia, and moved into Bernadette's home in Bristol, where she lived with Bernadette and her husband, a retired GP.

As Sheila's health deteriorated, her care needs increased. Bernadette provided daily support with meals, medication, personal care and medical appointments, alongside constant supervision and reassurance.

Following Sheila's death, a dispute arose between Bernadette and her siblings over whether she was entitled to be paid for providing that care.

Bernadette maintained that she had reached an agreement with her mother to receive reasonable payment. Her brother, Andrew Wills, who was the executor of their mother's Estate, disputed the amount being claimed.

The disagreement ultimately resulted in court proceedings.

Was there an agreement to pay for the care?

In June 2025, the High Court found that Bernadette and her mother had entered into a legally binding agreement under which Bernadette would be paid a reasonable amount for providing care.

Although no formal written contract had been prepared and no specific payment amount had been agreed, the Court accepted that Sheila had intended her daughter to be paid.

The arrangement went beyond the occasional assistance that family members might ordinarily provide one another. It involved a significant commitment over an extended period and substantial changes to Bernadette's everyday life.

The remaining question was how much Bernadette should receive.

What did the Court decide?

Bernadette originally claimed £135,000, calculated at £150 per day for 900 days of care.

Andrew argued that the amount was excessive and that payment should instead reflect a limited number of hours of daily care, calculated using lower hourly rates.

However, the Court rejected that approach.

The Judge accepted that Sheila required continuous supervision and support, including assistance during the night. This meant that Bernadette's responsibilities could not simply be calculated by counting the hours spent providing direct physical care.

The Court also considered medical records, messages exchanged between family members and evidence of the care actually provided.

Importantly, the Judge recognised that obtaining equivalent care from a professional provider would have cost considerably more.

The Court ultimately awarded Bernadette £127,500 plus interest , calculated at £150 per day for 850 days. The shorter period reflected the date from which the Court found the agreement to pay for care had been in place.

Why is this decision important?

Rogers v Wills demonstrates that an agreement between family members does not necessarily need to be written down to be legally binding.

Where a person agrees to pay a relative for providing care, that agreement may create an obligation which can be enforced against their Estate after death.

However, the decision does not mean that every family member who cares for a parent will automatically be entitled to payment. Whether an enforceable agreement exists will depend upon the circumstances and the evidence available.

The case also highlights the importance of keeping records. Messages between family members, medical documents and evidence of the care provided can become particularly important where disagreements arise after someone has died.

For executors, it is a reminder that an Estate may have outstanding financial obligations which need to be considered before distributing assets to beneficiaries.

Most importantly, the case shows how arrangements made informally within a family can lead to lengthy and costly disputes where expectations have not been clearly recorded.

Where a family member is providing substantial care and payment is intended, recording the arrangement in writing can help avoid uncertainty and disagreements later.

Find out how Switalskis can help you

If you are involved in a dispute concerning an Estate, including disagreements over payments, financial obligations or the conduct of an executor, our contentious probate team can advise you on your position and the options available.

Give our specialist contentious probate team a call on 0800 138 0458 or send us a message through our website to get things moving.