When family care isn’t “just helping out”

Families often assume that caring for a loved one is simply part of family life, given freely and without legal consequence.

Phrases like “that’s just what we did” are common and historically, Courts have treated such care as motivated by love and affection, with no expectation of payment.

However, a recent High Court decision has confirmed this presumption is not absolute.

In Rogers v Wills [2025], the Court considered an adult daughter who provided extensive, full-time care for her mother over several years, giving up her home, income and independence.

Although there was no written agreement, the evidence showed a clear understanding that her care would not be unpaid. The Court held that the estate should compensate her.

The judgment makes clear that a formal contract is not required. Where a family member has significantly reorganised their life to provide care and there is an expressed or implied expectation of payment, the law may recognise a right to be paid.

Even without a contract, estates may still be liable where they have benefited from substantial unpaid care.

The decision highlights an important distinction: occasional help is very different from assuming full responsibility for someone’s day-to-day care. The latter may go beyond informal family support.

Disputes often arise after death, when expectations were never recorded. Clear discussions and simple written agreements can help protect caregivers, manage expectations and avoid conflict.

How can Morr & Co help?

If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Dispute Resolution team, who will be happy to help. Or email info@morrlaw.com or call us on 0333 038 9100 and one of our team will be happy to assist.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.