Article written by Alexander Shah, Senior Associate on the Estate Planning team, and Emma Johanson-Brown, Solicitor in our Estate Planning team.
There are no words more likely to cause family estate planners anxiety that “everybody understands the arrangement”. The recent case of Rogers v Wills (Rogers v Wills [2025] EWHC 1367 (Ch)) is a perfect reminder why. A simple agreement to pay a daughter for caring for her mother turned into years of litigation, legal costs that rivalled the amount in dispute, and a family rift that may never fully heal.
In brief
It is easy to understand why a family might leave reimbursement for a relative’s care to trust and goodwill rather than a formal agreement, and why the head of the family might rely on their children’s word. This case shows what can go wrong with that approach. The Court found that Sheila Wills’ daughter, Bernadette, had been promised payment for the care she provided her mother (Rogers v Wills [2025] EWHC 1367 (Ch), [238], [241] and [248]). The lack of a written agreement, and relaxed approach to taking payment, enabled other family members to try to deny its existence.
The consequences were significant: two and a half years of unrecorded, unpaid care; a dispute over what had been promised and what it was worth; a criminal prosecution; a split trial on liability and costs; a separate hearing over a breach of a draft-judgment embargo; and, ultimately, a second trial just to work out how much was owed.