At Gale Law, our estate litigation practice often involves cases where a deceased person owes someone money or has left unresolved financial obligations. These situations can be complex and emotionally challenging, particularly when the terms of repayment were not clearly documented or included in a will.
To help you understand your options, we’ve outlined two key concepts that frequently arise in these cases: Quantum Meruit and Unjust Enrichment. These legal principles explain how you might recover what you are owed, even when a formal contract or will is not in place.
How Can I Claim Payment for Services I Provided to the Deceased?
“Quantum meruit” is a Latin phrase meaning “for services rendered.” It refers to what someone has earned or deserves for the work or services they provided. This claim allows a person to recover damages (something they’ve lost) in cases where a contract was not completed or its terms are unenforceable, but the parties acted in a way that created a relationship resembling a contract.
Where unjust enrichment (unfair gain) can be proven, a quantum meruit claim may also be made. An example is where the deceased promised to pay for a service, but passed away before he was able to do so.
In such cases, the claimant can ask the court to be either compensated (paid) for their service or for the court to enforce the deceased’s promise.
Example Scenario:
You and Bob are friends. Bob asks you for a $20,000 loan to renovate his home. He promises to repay the loan after selling his home, and you agree. Unfortunately, Bob suddenly passes away, and you discover either:
⦁ Bob didn’t get a chance to write a will, or
⦁ Bob’s will doesn’t mention the loan repayment.
You’re now worried the money you loaned Bob is lost. What can you do? This type of situation happens often, but there are legal steps you can take to recover your contributions.
What Can I Do if I Contributed to the Estate but Was Not Paid?
Unjust enrichment is a legal doctrine (principle) in equity (fairness). The concept is used to describe scenarios where:
⦁ The claimant made a significant contribution to the property of the defendant (their estate);
⦁ They did not receive compensation (any form of payment) for this contribution;
⦁ There is no legal reason to allow this gain (enrichment) of the defendant (estate);
Unjust enrichment claims usually arises in cases with common law spouses. Unlike married spouses, common law spouses have no statutory property rights (meaning they have no automatic right to inherit as married spouses do). Their claims are restricted to resulting/ constructive trust claims (a type of legal relationship recognized to prevent an unfair result) and implied trust (when it is implied that a legal relationship was intended based on facts).
A common law spouse whose partner passes away may have a claim for unjust enrichment if the deceased received an unfair benefit at their expense. For example, contributing to the household chores, caregiving of their partner when sick, or financial contributions. These are all examples of time and/or money by the claimant that benefited the deceased and their estate.
It would not be fair (or can’t be justified in law) to allow the deceased’s estate to retain (keep) the benefit. An unjust enrichment claim can be for money or share in a property. The approach is “value surviving” meaning if the surviving common law spouse put money into an asset (thing you own that has worth) owned by the deceased and the value fell, the court only awards an amount equal to the amount that the asset is valued (e.g., how much the house is currently worth). In addition to claims in equity, common law spouses are entitled to support.
Frequently Asked Questions
Yes. When someone dies, their debts don't just disappear. Instead, they become the responsibility of the estate, which is managed by the estate trustee (also known as the executor). Creditors, including individuals who are owed money, can file claims against the estate to recover what is owed.
The estate is responsible for paying debts, not the family members personally. The estate trustee will gather all assets, pay off outstanding debts in a priority order, and only then distribute what's left to beneficiaries.
You'll need to file a claim with the estate trustee. This usually involves submitting proof of the debt, such as a loan agreement, invoices, contracts, or written communication that supports your claim. Acting quickly is important, since estates are often settled within strict timelines.
If the estate does not have enough assets, creditors are paid in order of priority as set out in law. Secured creditors and estate administration costs usually come first. If funds run out before your debt is covered, you may only receive partial payment or, in some cases, nothing at all.
Generally, no. Family members are not personally responsible for paying the deceased's debts unless they co-signed a loan, guaranteed the debt, or were joint account holders. Otherwise, the estate alone is responsible.
Evidence can include loan documents, bank transfers, promissory notes, receipts, invoices, or even written correspondence acknowledging the debt. The stronger your documentation, the more likely your claim will be accepted by the estate trustee or the court if a dispute arises.
Timelines vary depending on the circumstances, but claims against an estate should be made as soon as possible. If the estate has already been distributed, it may be very difficult—or even impossible—to recover your money. Consulting a lawyer quickly ensures you don't miss your chance.
If your claim is denied or ignored, you may need to take legal action. This could involve applying to the court to enforce your claim. A lawyer can help you assess whether your case is strong and represent you in negotiations or litigation.
Yes. In some cases, especially if the estate has limited funds, negotiations can take place to settle debts in a fair manner. Legal guidance can help you protect your interests while working toward a resolution.
Estate law is complex, and mistakes can result in losing your right to recover money. A lawyer can help you:
- Determine whether your claim is valid
- Prepare strong evidence
- File within required timelines
- Negotiate or litigate if needed
Having a legal professional on your side increases your chances of a successful recovery.
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