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: 21 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. R v North and East Devon Health Authority, ex parte Coughlan [2000] 2 WLR 622.
3. Parliamentary and Health Service Ombudsman. Available at: https://www.ombudsman.org.uk
4. Data Protection Act 2018, c. 12. Available at: https://www.legislation.gov.uk/ukpga/2018/12/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 how a claim for a past period of NHS Continuing Healthcare is pursued after the person has died. It covers who has standing, the documentation Integrated Care Boards require, obtaining records on behalf of a deceased person, what the estate can recover, the position of beneficiaries and executors, the emotional cost, and the practical sequence.
Retrospective CHC claims after the person has died
Most claims for past periods are brought after the person has died, because that is when families look back at what was paid. The claim becomes a matter for the estate, which changes who brings it and what it involves.
It becomes a claim by the estate
Once the person has died, any sums recovered belong to their estate and are distributed under the will or the intestacy rules. The claim is no longer about care going forward. It is a financial claim about money paid during a period when the NHS may have been responsible, and it is pursued by whoever administers the estate.
Who has standing
Normally the personal representative, meaning the executor named in the will or the administrator where there is no will. Integrated Care Boards will usually 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.
Obtaining records after death
A personal representative can request records relating to the deceased in the relevant circumstances, and providers and NHS bodies have processes for this. Act promptly. Retention periods continue to run and records are destroyed on schedule regardless of whether a claim is contemplated.
What the estate recovers
Reimbursement of care fees paid during the period for which the person should have been funded. It does not produce damages, compensation for distress, or any recognition beyond the money. Being clear about that with family members at the outset prevents a good deal of disappointment later.
Executors and beneficiaries
An executor considering whether to pursue a claim is weighing a potential recovery for the estate against the cost and time involved. Where beneficiaries hold different views, the position should be discussed and recorded. Where professional costs are being incurred from estate funds, proportionality relative to the sums at stake matters.
The emotional cost
These claims involve reading care records describing a relative's decline, often within months of the death. That is genuinely difficult, and it is a legitimate reason to hand the work to someone else or to decide not to pursue it. There is no obligation, and nobody should feel they owe it to the person to go through it.
The practical sequence
Establish the dates of the period and whether it remains claimable. Obtain the grant if not already held. Request records from the provider, GP and any hospital. Locate invoices and contracts showing what was paid. Then assess whether the records support the claim before committing further time or cost.
Key takeaway
The claim belongs to the estate and is brought by the personal representative, usually with a grant. Act promptly because retention periods keep running. Be clear that it recovers fees and nothing more, and treat the emotional cost as a real factor in deciding whether to proceed.
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Frequently asked questions
Can we claim after the person has died?
Yes, where the period remains claimable. The claim becomes a financial matter for the estate, brought by the personal representative, and any recovery is distributed under the will or intestacy rules.
What documentation does the Board need?
Usually the grant of probate or letters of administration before it will discuss details. Where the estate is small and no grant has been obtained, ask the Board what it will accept instead.
Can we still get the care records?
A personal representative can request records relating to the deceased in the relevant circumstances. Act promptly, since retention periods continue to run and records are destroyed on schedule.
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.