Published
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 60, 61), the Limitation Act (s. 6) and the court decisions cited below checked that day.
Possibly, yes. Unpaid care can support a claim for unjust enrichment against the estate: the parent was enriched, you were deprived, and there was no legal reason for it.
Caring out of love doesn’t rule it out, but the court looks at what both of you reasonably expected.
A child left out of the will may also have a wills variation claim: 180 days from the grant (WESA s. 61).
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
A child, relative or friend who cared for a parent for years, without pay, may be able to make a claim against the estate in BC, even if the will leaves them nothing extra. The usual route is unjust enrichment: the parent received valuable care, the caregiver gave up time, income or opportunities, and there was no legal reason, such as a contract or a clear intention to give the care for free, that justifies the parent keeping that benefit. The court can award money based on the value of the care, or, where the care was tied to a specific property the caregiver was led to expect, a share of that property. A child who was also left out of the will may have a separate wills variation claim, with a strict 180-day deadline.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, acts for caregivers, executors and beneficiaries in claims against estates; this guide is by Pardeep S. Grewal.
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The legal test for unjust enrichment
To succeed, the caregiver must establish three things (Garland v. Consumers’ Gas Co., 2004 SCC 25):
- An enrichment of the parent, such as care, housekeeping, transport or money they would otherwise have paid for;
- A corresponding deprivation of the caregiver, such as unpaid time, lost wages or their own money spent; and
- No juristic reason for the enrichment.
The established juristic reasons are a contract, a disposition of law, a donative intent (the care was meant as a gift) and other valid legal obligations. Once the caregiver makes out a basic case, the estate must show a reason why the parent should keep the benefit.
“I did it out of love”: does that defeat the claim?
Not by itself. Household services provided without pay are a common basis for these claims in estates, and courts have accepted that being willing to care for family out of love doesn’t stop the care from being a deprivation. But the court looks closely at the reasonable expectations of both people. Services children perform for the family may be denied recovery where there was no reasonable expectation of payment, while a caregiver who was led to expect they would receive the home has a stronger case. Being a beneficiary of the estate doesn’t, on its own, defeat the claim either.
An executor generally can’t claim for unjust enrichment for work done as executor, because the executor’s duty is itself the legal reason. That work is paid through executor fees instead.
How the award is valued
| Approach | What it measures | When it fits |
|---|---|---|
| Value received (quantum meruit) | What the care would have cost on the open market, often using wages for similar work | Most caregiving claims |
| Value survived | The value the caregiver’s contributions created or preserved in an asset | Where the care helped keep or build a specific property |
| Constructive trust | A share of a specific asset, such as the house | Only if money isn’t enough and there’s a substantial, direct link between the contribution and the property |
The Supreme Court of Canada has rejected valuing these claims only on a fee-for-service basis, allowing a more flexible approach that includes a “value survived basis” (Kerr v. Baranow, 2011 SCC 10). Benefits the caregiver received, such as free housing, can be offset.
Evidence that helps
- A record of the care: hours, tasks, appointments and the period it covered.
- Evidence of what you gave up: a job, hours, income or your own money.
- Medical and care-home records showing the level of care the parent needed.
- Anything the parent said or wrote about paying you or leaving you the home.
- Witnesses: neighbours, doctors, other relatives.
If you are a child left out of the will
A child or spouse can also ask the court to vary a will that doesn’t make adequate provision for them (WESA s. 60). The claim must be started within 180 days from the grant and served within 30 more days (s. 61). Care given to a parent can be part of that claim. See wills variation.
Deadlines
- Unjust enrichment: generally 2 years from when the claim is discovered (Limitation Act s. 6).
- Wills variation: 180 days from the grant (WESA s. 61).
- Before distribution: tell the executor in writing as early as possible, so the estate isn’t paid out first.
Mistakes I have seen
- Not keeping any record of the care, then trying to reconstruct years of work from memory.
- Waiting until after the estate is distributed to raise the claim.
- Missing the 180-day wills variation deadline while focusing on the care claim.
- Overlooking the free housing or other benefits the caregiver received, which the estate will raise as an offset.
Frequently asked questions
Can I claim if my parent promised me the house?
A promise can support a reasonable expectation, which matters to unjust enrichment and, in some cases, to a claim to the house itself. Gather any evidence of the promise.
Does it matter if I lived with my parent rent-free?
It can reduce the award, because benefits you received can be offset against the value of the care.
Can a non-family caregiver claim?
Yes. The same test applies, although a family relationship can affect what both sides reasonably expected.
Who do I make the claim against?
The estate, through the executor or administrator.
What should I do right now?
Write down the care you gave, by year, and what you gave up. Note the grant date if probate has issued, so you know the 180-day deadline. Then tell the executor in writing that you have a claim.
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Related guides: a promised inheritance left out of the will · unpaid work in a family farm or business · an estate left to a charity, friend or caregiver
Sources
- Wills, Estates and Succession Act (ss. 60, 61), BC Laws
- Limitation Act (s. 6), BC Laws
- Garland v. Consumers’ Gas Co., 2004 SCC 25; Kerr v. Baranow, 2011 SCC 10, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, chapter 15
This article is general information about BC law, not legal advice for your situation.