Dying Intestate: How the law handles estates without a Will

AuthorJo Leonard

When a high-profile figure passes away without leaving a Will, it brings an important conversation to the forefront. That is exactly what has happened following the death of former One Direction star Liam Payne, who passed away without a Will in place. In this article, our experienced Will writing lawyer, Jo Leonard, shares her thoughts throughout on what this means for his estate, what it means to die "intestate," and why it is so important for everyone, no matter your age or circumstances, to make a legally valid Will.

What happens when you die without a Will?

Liam Payne, the internationally known singer and former member of One Direction, passed away in October last year at the age of 31 while in Argentina. Official records now confirm that he did not leave a Will. His estate, which includes money, property, and possessions, is valued at more than £24 million after debts and expenses have been deducted.

Liam leaves behind his eight-year-old son, Bear, who he shared with former Girls Aloud singer Cheryl. As he never married, and had no Will in place, his estate will now be managed according to the laws of intestacy in England and Wales.

Cheryl, who was his partner for more than two years, and music industry lawyer Richard Bray have been named as Administrators of the estate. They are now responsible for managing Liam's assets, but their authority is currently limited. As Liam died without a Will, they are required to go through the additional process of applying through the Court to be approved as Administrators before a Grant of Letters of Administration can be issued. This can take several months, during which their powers are restricted meaning they cannot sell property or access bank accounts.

What is dying intestate?

"Dying intestate" means that someone has died without leaving a valid Will. When this happens, their estate, which includes property, money, and personal belongings, is distributed according to strict legal rules, known as the Intestacy Rules. These rules do not take into account the deceased’s personal wishes or any informal promises they may have made.

In Liam Payne's case, this means that:

His estate will be handled by Administrators once approved by the Court, namely Cheryl and Richard Bray.
His assets, regardless of the value, will pass automatically to his issue, which in this case is his son, Bear.
As Bear is still a minor, his inheritance will be held in a Trust until he reaches the age of 18.

If Liam had written a Will, he could have made it clear how he wanted Bear’s inheritance managed, perhaps spreading it out over time or including safeguards for education and wellbeing. Without that guidance, the law simply applies a one-size-fits-all solution.

How intestacy rules work when you are not married or in a civil partnership

When someone dies intestate and leaves behind children, the law provides that the entire estate will go to the children if there is no surviving spouse or civil partner. Since Liam and Cheryl were not married, Cheryl does not have an automatic legal right to inherit from his estate unless specifically named in a Will.

This is one of the biggest misconceptions relating to Wills and estate planning; many people assume their partner will be taken care of automatically. However, unless you are married or in a civil partnership, the law does not provide for you under intestacy.

The risks of not having a Will

Having a Will in place is one of the best ways to protect your estate in the future, to have your wishes heard, as well as assist your loved ones in preparing once you have passed away. A Will goes beyond making arrangements for your assets; it is about making life easier for your family, giving them clarity, and removing uncertainty during what will already be a painful time.

In addition to those already identified, common issues associated with not having a Will include:

Delays in settling the estate as the Court appoints Administrators.
Family disputes over who should inherit.
Unintended outcomes, such as estranged relatives receiving a share of the estate.
Lack of provision for partners, stepchildren, or close friends.

Preparing for your future with a Will

Writing your Will can be a daunting prospect, but done with the right advice and guidance, it will be an invaluable document for yours and your loved ones’ future. When considering your Will and future plans, we would recommend:

Understanding that there are certain processes to ensure your Will is legally valid.
Reviewing your Will regularly - After major life changes, such as marriage, having children, buying property, or separating from a partner, it is important to update your Will.
Appoint trusted Executors and Guardians - choose people you know will carry out your wishes and, if applicable, look after your children.
Speak to a professional - DIY Wills often cause more problems than they solve due to the ambiguity and lack of structure they provide. Consulting a qualified professional will ensure your Will is legally valid and help you avoid disputes arising in the future.
Consider setting up a Trust - if you have young children, a Trust can control how and when they receive their inheritance.

Contact our Will writing lawyers today

If Liam Payne’s story has shown us anything, it is that life can be unpredictable, and none of us knows what the future holds. Whether you are a parent, a homeowner, or simply want to make sure your loved ones are protected, now is the time to act.

Contact our experienced Will writing lawyers today to get started. We offer friendly, expert advice tailored to your situation, and we can help you create a Will that gives you peace of mind and ensures your wishes are carried out. You can contact our Wills, Probate, and Estate Planning Department from our offices in Andover, Romsey, Salisbury, Totton or Witney, and Witney by filling out the Contact Form, emailing info@parkerbullen.com, or calling your local office from the numbers below: