Bernadette Rogers v Andrew Wills

Bernadette Rogers v Andrew Wills

The claimant and the deceased entered into a binding contract in October 2017 for the claimant to provide care in exchange for a reasonable sum. The deceased had capacity and intended legal relations. Alternatively, the estate is liable in unjust enrichment for the value of care provided, as the deceased freely accepted non-gratuitous services with knowledge of the expectation of payment. The estate is liable for a reasonable sum for care; quantum to be determined.

Parties
Claimant: Bernadette Rogers; Defendant: Andrew Wills
Jurisdiction
England and Wales
Judgment Date
06 June 2025
Procedural Posture
Civil (high Court, Chancery Division) / Liability Trial (split Trial; Quantum Reserved)
Outcome
Claimant succeeds on liability; estate liable to pay reasonable sum for care (quantum reserved).
Legal Topics
Quantum Meruit, Intention to Create Legal Relations, Capacity Under Mental Capacity Act 2005, Failure of Basis, Free Acceptance, Executor Duties, Restitution, Family Arrangements, Charging Clause in Wills
Contract Law Unjust Enrichment Probate and Estates Quantum Meruit Intention to Create Legal Relations Capacity Under Mental Capacity Act 2005 Failure of Basis Free Acceptance +4 more

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Parties

Bernadette Rogers

Claimant

Andrew Wills

Defendant

Procedural Posture

Civil (high Court, Chancery Division) / Liability Trial (split Trial; Quantum Reserved)

Legal Issues

  1. 1 Whether a contract existed between the claimant and the deceased for paid care services
  2. 2 Whether the estate is liable in unjust enrichment for care provided by the claimant
  3. 3 Whether the claimant is entitled to remuneration for care and/or reimbursement of expenses

Ratio Decidendi

The claimant and the deceased entered into a binding contract in October 2017 for the claimant to provide care in exchange for a reasonable sum. The deceased had capacity and intended legal relations. Alternatively, the estate is liable in unjust enrichment for the value of care provided, as the deceased freely accepted non-gratuitous services with knowledge of the expectation of payment. The estate is liable for a reasonable sum for care; quantum to be determined.

Court Disposition

Claimant succeeds on liability; estate liable to pay reasonable sum for care (quantum reserved).

Orders

  • Declaration that the estate is liable to the claimant for a reasonable sum for care provided
  • Directions to be given for determination of quantum at a further hearing