Jurisdiction(s):
United Kingdom

Rogers v Wills: Paying family carers—no presumption against intention to create legal relations; capacity under MCA 2005; unjust enrichment via free acceptance; recovery from estate (England and Wales)

Published on: 14 July 2025

Published by a LexisNexis Private Client expert

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Article summary

Rogers v Wills [2025] EWHC 1367 (Ch) What are the practical implications of this case?

Reimbursement of costs of caring for family members—In this claim the claimant sought repayment from her late mother’s estate for expenses incurred in providing care. Although outcomes will always depend on the specific facts, this ruling may pave the way for comparable claims where contractual arrangements or unjust enrichment are pleaded.
Intention to create legal relations—It is unusual for a court to find that relatives intended a binding contract. Yet the judge appeared to dismiss any presumption against such intention. Rather, the issue was said to be a matter for the evidence available (with the nature of the relationship only one component) as to whether there was an intention to create legal relations.
Capacity—Having considered the Mental Capacity Act 2005, the judge articulated conclusions likely to matter in any case where capacity is disputed. First, the assessment of capacity is not uniform, and there is no single standard applicable to everyone and every decision. Second, some decisions require...

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