Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department has made an assessment of the adequacy of existing legal mechanisms for resolving disputes between carers and estates in cases where care-related costs were incurred based on written but non-contractual agreements.

In England and Wales, contract law is largely a matter of common law rather than statute. There is no legally specified template for a contract. However, a contract is formed when an agreement contains several key elements such as the making and acceptance of an offer, a consideration (something of value offered by both parties) and the requirement for the parties to have intent to create a legal relationship. If an agreement meets these principles, it could be considered a contract, regardless of form.

Depending on the specifics of the case there are other common law routes to enforcing obligations such as unjust enrichment or an estoppel.

The Government believes the existing law provides sufficient redress to enforce these obligations. These are complex issues and individuals should seek expert legal advice before pursuing these matters.