Author and Publication
Author: Ben Slater, Registered Social Worker, Founder and Managing Director of Nellie Supports
Reviewed by: Kerry Slater, Director of Operations
Last reviewed: 20 July 2026
Citation
1. Department of Health and Social Care (2022) National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care. Available at: https://www.gov.uk/government/publications/national-framework-for-nhs-continuing-healthcare-and-nhs-funded-nursing-care
2. Parliamentary and Health Service Ombudsman. Making a complaint about the NHS in England. Available at: https://www.ombudsman.org.uk
3. R (Grogan) v Bexley NHS Care Trust and others [2006] EWHC 44 (Admin).
4. Mental Capacity Act 2005, c. 9. Available at: https://www.legislation.gov.uk/ukpga/2005/9/contents
Copywright
Copyright © 2026 Nellie Supports Ltd. All rights reserved.
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This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.
Abstract
This guide explains whether an NHS Continuing Healthcare challenge can be pursued after the person has died. It covers the continuation of an existing appeal, who has standing to pursue it, what documentation is required, what such a claim can recover, the practical difficulties of evidence gathering after death, and the emotional considerations involved.
Pursuing a CHC appeal after the person has died
An NHS Continuing Healthcare challenge does not end when the person dies. It changes character, becoming a financial claim on behalf of the estate rather than a question about future care.
The appeal can continue
Where a challenge was already underway, it can continue after death. The question becomes whether the person was eligible during the relevant period, and if so whether care fees paid should be reimbursed to the estate. Boards sometimes suggest the matter has become academic, which is not correct where fees were paid.
Who can pursue it
Usually the personal representative of the estate, meaning the executor named in the will or the administrator where there is no will. Boards will normally want to see the grant of probate or letters of administration before discussing details. Where the estate is small and no grant has been obtained, ask the Board what it will accept.
What it can recover
Reimbursement of care fees paid during a period when the person should have been receiving NHS Continuing Healthcare. It cannot recover anything else, and it does not produce damages or compensation for distress. Being clear about that from the outset avoids a good deal of disappointment later.
Evidence after death
Gathering evidence becomes harder. Care providers may have closed records or moved them to archive, and staff who knew the person may have left. Request records as early as possible. A personal representative can make a subject access request in respect of the deceased in the relevant circumstances, and providers generally retain records for a defined period.
Where no appeal was underway
If no challenge had begun, the matter is likely to fall under the arrangements for claims covering past periods of care, which operate separately and have their own cut-off dates. Do not assume the ordinary six month expectation applies in the same way. Establish which route applies before building the case.
The human side
These claims are pursued in the months after a bereavement, and they involve reading care records describing the person's decline. That is genuinely hard, and it is a legitimate reason to hand the work to someone else or to pause. There is no obligation to pursue it, and the decision is a personal one rather than a duty to the estate.
Key takeaway
An appeal survives death and becomes a claim for reimbursement to the estate. The personal representative pursues it, usually with a grant of probate. Request records early, be clear what the claim can recover, and take the emotional cost seriously.
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Frequently asked questions
Can an appeal continue after death?
Yes. It becomes a question of whether the person was eligible during the relevant period and whether fees paid should be reimbursed to the estate. It does not become academic where fees were paid.
Who can pursue it?
Usually the personal representative of the estate, meaning the executor or administrator. Boards will normally want to see the grant of probate or letters of administration before discussing details.
What can be recovered?
Reimbursement of care fees paid during a period when the person should have been receiving NHS Continuing Healthcare. It does not produce damages or compensation for distress.
Related NHS Continuing Healthcare pages
These links take you to the most relevant Nellie Supports service page and to the supporting guides that explain the surrounding process.
Speak to an independent CHC specialist
Nellie Supports prepares independent needs evidence for NHS Continuing Healthcare assessments, reviews and appeals across England and Wales. Our reports are written by registered social workers on a permanent employed team, with internal peer review before release. Call 0333 987 5118 or send an enquiry and we will talk through where you are in the process.