Reclaiming care home fees after death

How can you reclaim care fees after death?

If your loved one had complex or ongoing health needs, there’s a chance they should have received CHC funding, which covers 100% of care costs, including residential fees. Sadly, CHC assessments are often flawed, rushed or missed altogether. Families frequently discover, too late, that their relative was eligible for CHC, but paid for care privately.

The good news is those fees can often be reclaimed – even after death. This process, known as a retrospective claim, involves reviewing your relative’s care records to ascertain whether they met the criteria at the time. If they did, you may be entitled to a full refund of the care home fees paid, plus interest.

Farley Dwek’s Retrospective Reclaims Service can help families build strong claims and navigate what is often a complex and emotionally draining process.

How much could you reclaim?

The amount you could reclaim depends on how long your loved one paid for care that should have been funded by the NHS. Families often sell property or use life savings to cover care fees that were wrongly charged.

The principle of redress is to put the individual back in the position they would have been in, had the injustice not occurred. This means that if your relative was eligible for CHC but was never assessed, the NHS is required to reimburse 100% of the care costs, plus interest at the RPI rate, backdated to when the fees were paid.

At Farley Dwek, we understand how complex and draining these cases can be, especially after a bereavement. Our expert team can support you every step of the way, from gathering, analysing and presenting necessary evidence to ensuring a fair settlement. Our specialist Restitution Calculation Service ensures you receive the full amount owed. We don’t just help you win the claim; we ensure every figure is accurate and comprehensive.

Sometimes, even after CHC funding is awarded, the package isn’t implemented promptly, fully, or at all – leaving families to cover costs themselves. If you’ve had to pay out of pocket or suffered financial loss while waiting for the ICB to act, you may be entitled to additional redress. We can also support a separate claim – learn more about consequential loss claims here.

Whose responsibility are care home fees after death?

Responsibility for care home fees after someone dies depends on how their care was funded. If the individual was receiving CHC funding or financial support from the local authority, that funding will usually stop immediately after death, or within a few days. In these cases, no further fees are payable beyond this date.

However, if your loved one was self-funding their care – meaning they were paying for it privately – any outstanding care home fees will typically become a debt of their estate. In most cases, the care home will issue an invoice to the executor or administrator of the estate, who becomes legally responsible for settling those fees using funds from the estate.

It’s important to note that family members are not personally liable for care fees unless they signed a separate agreement, such as a top-up fee contract or acted as a guarantor.

Otherwise, unpaid care fees are treated like any other debt of the deceased and should be handled during probate. Understanding how funding arrangements impact responsibility can help families avoid unnecessary worry, and ensure the estate is managed correctly.

Learn more in our 2025 guide to care home costs and fees.

Do you have to pay care home fees after death?

In some cases, care home fees do continue for a short period after a resident has died, but this depends on the individual contract signed with the care provider. Most care homes include clauses that explain what happens in the event of a resident’s death.

For example, families may be charged for a fixed number of days after the date of death, often between 3 to 14 days, to cover the room until it is cleared. If the family does not remove their loved one’s belongings within that time, the care home may charge additional daily fees or storage costs, particularly if possessions are stored on-site.

If the room needs to be cleared by the care home staff, a separate clearance fee might also be added to the final invoice. Some providers will only store personal belongings for a limited period and may include a clause about disposing of unclaimed possessions after that timeframe.

This is why it’s essential to check the resident’s contract with the care home carefully. Understanding these terms in advance can prevent unexpected charges and help the family plan appropriately during what is already a difficult time.

Is there a deadline to reclaim care fees?

There’s no official deadline for reclaiming care home fees after death, as long as the claim relates to care received on or after 1st April 2012. If your loved one paid for care that should have been funded by the NHS, you may still be eligible to make a retrospective claim for CHC funding.

However, it’s important to note that the deadline for reclaiming fees prior to 31st March 2012 elapsed in March 2013. Any claims relating to that earlier period can no longer be pursued.

If your relative entered care after this date and was not considered for CHC funding, you could still recover a substantial amount. Farley Dwek can guide you through the process and help you build a strong case.