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Elderly couple holding hands

Who cares?

James Saunders on carers’ claims and unjust enrichment in Canada and England and Wales

An individual provides care to another during their lifetime (typically a relative but not necessarily so). The individual dies and does not leave an inheritance for the ‘carer’ or leaves an ‘insufficient’ inheritance. The carer later makes a demand against their estate for payment for the care they provided.

This article will consider whether the care provider in the premise above might have any claims.

 

Rawlins v Rawlins: the Canadian approach

In March 2023, after an 11-day trial, the Supreme Court of British Columbia (the Court) gave judgment in Rawlins v Rawlins in favour of the plaintiff Roy Douglas Rawlins (referred to as Doug).[1] Doug was a son of the deceased (his mother) and claimed against her estate. The estate was worth CAD2.5 million and was left equally to Doug and his two brothers.

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