In a ruling from the England and Wales High Court (Rogers v Wills, 2025 EWHC 1367 Ch), a long-running family dispute over unpaid caregiving culminated in a decision affirming the claimant’s entitlement to compensation from her late mother’s estate.
The case centred on Ursula Wills, who passed away in April 2020. Her will, executed prior to her death, divided her remaining estate equally among her six surviving children and named her eldest son, Andrew Wills, as executor.
From 2017 until her death, Ursula was primarily cared for by her eldest daughter, Bernadette Rogers. Following Ursula’s passing, Bernadette asserted that there had been a mutual understanding, both with her mother and her siblings, she would be compensated for the extensive care she provided. She brought a claim based on an alleged contract, as well as an alternative claim for unjust enrichment.
The situation was further complicated when Bernadette withdrew approximately £100,000 from her mother’s bank account shortly before and after her death, claiming it was reimbursement for her services. This led to criminal proceedings initiated by Andrew, who viewed the withdrawal as unauthorized. Bernadette was ultimately acquitted of theft, but the incident added tension to the civil proceedings.
In her High Court claim, Bernadette sought £135,000, arguing that she had incurred significant personal expense and provided substantial care, including housing her mother. She maintained that there was a shared expectation she would be fairly compensated. Her legal team presented multiple witness statements to support this position.
Andrew Wills, in his defence, acknowledged only that there had been an informal consensus that Bernadette should be reimbursed for out-of-pocket costs, but denied any binding agreement regarding remuneration.
The High Court found in Bernadette’s favour, concluding that a contract for services existed, even though no specific amount had been agreed upon. The judge ruled that the estate was liable to pay a “reasonable sum” for the care provided. Additionally, the court upheld the unjust enrichment claim, stating that the estate had benefited from Bernadette’s services without providing appropriate compensation.
However, the court declined to determine the exact amount owed, instead urging the parties to resolve the matter through mediation. The judge emphasized that continued litigation would be both costly and emotionally draining, and that a mediated settlement would be in everyone’s best interest.
