A 71-year-old woman who took £100,000 from her late mother's estate for providing round-the-clock care has won a High Court award of £127,500 after a six-and-a-half-year dispute with her siblings. Bern Rogers, a grandmother of six from Bristol, was initially reported to police for fraud and theft but was cleared by a jury at Bristol Crown Court in 2022.
Background to the dispute
Bern cared for her mother, Sheila Wills, who had dementia, in the final years of her life. Sheila moved from Norfolk to live with Bern and her husband Jon in Bristol in September 2017 after struggling to live independently. The arrangement was initially expected to last about 10 days after Sheila was found wandering outside her home and neighbours raised concerns about her wellbeing, but it soon became clear she needed far greater support.
A year later, Sheila was diagnosed with dementia, and her health continued to decline. Bern said her mother repeatedly insisted on staying with her rather than returning home or moving into residential care. Sheila eventually required 24-hour help with personal care, assistance eating, support with incontinence and treatment for a painful prolapse.
Criminal charges and acquittal
After Sheila died in April 2020, Bern transferred £100,000 from her mother's account into a separate account, following her brother's suggestion that she take money for the care she had provided. However, the money was recovered by the banks and returned to the estate amid concerns about possible fraud, leading to a police investigation and criminal prosecution. Bern was charged but found not guilty by a jury at trial.
Bern said she was 'made to feel like a criminal' by her siblings. She said: 'I went from being held up as a saint for looking after mum to suddenly being this terrible criminal. I was just doing what my mum asked me to do. It was them [siblings] against me, made me feel like a scapegoat.'
High Court ruling and award
Bern turned to the civil courts after being cleared, saying she 'hadn't had a penny' from the estate. In 2025, the High Court ruled that she had entered into an informal contract with her mother under which she would be paid a reasonable sum for caring for her. The court also found that, even without a contract, her mother's estate had benefited from her care through the legal principle of unjust enrichment.
A further hearing in August this year determined the amount. The court found Bern had provided care for 850 days and awarded her £150 per day, totalling £127,500. Bern believes the case could help other family carers facing similar disputes.
Family response
The executor of Sheila's estate is Bern's brother, Andrew Wills. In a statement on behalf of the estate, he said: 'The only agreements that we (her siblings) were aware of was for my mother to give Bernadette £50 per week ‘keep' and to ensure that Bernadette was not to be out of pocket. We were not made aware of any other contract between our mother and Bernadette. At all times, I have attempted to be independent and to act in the best interests of the estate. The estate has always been willing to pay Bernadette her genuine expenses as well as an additional gratuity in recognition of her efforts for our mother. We have always tried to be fair. Unfortunately, our offers were not accepted by Bernadette who instead issued legal proceedings against the estate.'
