A woman who cared for her mother with dementia over several years has been awarded £127,500 by the High Court in recognition of the care she provided before her mother’s death in 2020. Bernadette Rogers, a trained nurse, acted as the primary caregiver for her mother, Ursula “Sheila” Wills, until she passed away at the age of 92.
Following her mother’s death, Rogers withdrew £100,000 from her mother’s account, claiming she acted with the understanding that the money was in payment for her caregiving. This led to a dispute with her brother, Andrew Wills, who was the executor of their mother’s estate. Rogers faced criminal charges of theft and fraud but was acquitted by a jury at Bristol Crown Court in 2022.
Subsequently, Rogers pursued a civil claim against the estate to recover compensation. The court recognized an informal agreement in which their mother had expressed a clear intention that Rogers be paid “properly” for her care. It was established that the mother did not want charity but rather a fair recompense for the continuous care she received. The care spanned approximately two and a half years from 2017 until April 2020, during which Rogers provided around-the-clock supervision and assistance in her mother’s Bristol home.
The court’s ruling determined that Rogers was owed a reasonable sum for the care, settling on £127,500 for 850 days of caregiving, out of an estate valued at up to £402,000. The judge described the situation as a “real tragedy” for the family, highlighting the bitter dispute and the breakdown of familial relationships. Despite the ruling, Andrew Wills and the estate have indicated plans to appeal the decision.
Andrew Wills stated that the siblings were only aware of a modest weekly payment arrangement for Rogers and maintained that the estate had made offers to cover her expenses and provide an additional gratuity, which Rogers declined, opting instead for legal action.
Legal experts have noted the case’s potential significance for future claims by family carers, as it underscores the recognition of informal caregiving agreements and the complexities involved in compensating unpaid family caregivers. Some warn it could lead to increased claims, while others emphasize its role in acknowledging the full scope of caregiving responsibilities beyond discrete tasks.
Rogers described the judgment as a significant relief and expressed hope that the ruling would help others in similar caregiving situations, framing it as part of her mother’s legacy.
