The laws of intestacy are in the media spotlight once again after it was discovered that Liam Payne did not leave a Will upon his death in August 2024.

This means the entirety of the former One Direction singer’s £24.3 million estate will pass to his son, Bear – with nothing for his family members, girlfriend of two years, or former partner and mother of his son, pop star Cheryl Tweedy.

Here’s how the rules of intestacy work – and why it is essential for everyone to prepare a valid Will.

Spouses and children first

In England and Wales, intestacy law (which governs the distribution of an estate where a person has died without a Will) dictates that the only people who can automatically inherit an estate are married or civil partners.

If they also have children and the estate is worth more than £322,000, then the first £322,000 will go to their spouse or civil partner and the rest will be divided in half between the surviving spouse and children.

Since Payne never married, the entirety of the estate goes to his son, Bear.

This might well come as a surprise to Payne’s surviving girlfriend of two years, Kate Cassidy, who would probably have expected to receive a share of Payne’s estate.

Many cohabiting yet unmarried couples do not realise that they are not legally entitled to inherit anything if their partner dies without leaving a Will, regardless of the length or nature of the relationship.

So, does an eight-year-old just get to have £24.3 million now?

Not exactly.

Bear will not be able to access his inheritance directly until he turns 18.

This rule exists because minors are generally not considered ready to handle significant financial responsibility, especially if the inheritance involves large sums of money or property – as it does in this case.

Therefore, Bear’s inheritance will be placed in a statutory trust, which is a simple trust giving him the absolute right to the assets as soon as he turns 18.

Who will distribute the estate?

If someone dies intestate, then the relevant persons must apply for a grant of administration.

Court documents have revealed that Tweedy and Richard Mark Bray (a music industry lawyer) have received a limited grant of representation until a general grant can be made.

This enables them to act as administrators of Bear’s trust.

However, if Payne had prepared a Will, this could have dictated who he wanted to appoint as trustees.

He could also have set up a discretionary trust for Bear while he was still alive, which would give the trustees greater flexibility to decide when and how funds are distributed, as well as offer asset protection and tax advantages.

What happens next?

Tweedy could apply to the Court for a Deed of Variation in order to alter how Payne’s estate is distributed, but this is likely to be a long and difficult process with every chance that the Court will reject the application.

Reports indicate that Payne was financially supporting his girlfriend Cassidy before he died, meaning that Cassidy could make a claim against his estate under the Inheritance (Provision for Family and Dependants) Act 1975.

If Payne also financially supported certain family members and friends, they could also make a financial claim under this Act.

However, the claims process would be lengthy, costly, and emotionally exhausting process for all involved, with no guarantee of a favourable outcome.

Charitable causes Payne supported during his lifetime, such as the Trussell Trust, will not be in a position to claim any of the value of his estate.

Why everyone should prepare a Will

As the tragic case of Payne’s death shows, preparing a Will is not just a task for the elderly or terminally ill.

It remains the only reliable way to make sure the deceased’s estate is distributed in accordance with their wishes – but only four in ten UK adults have an up-to-date Will.

By planning ahead and preparing a Will, Payne could have provided for a wider range of beneficiaries, set clear directions for managing his son’s inheritance, and reduced the Inheritance Tax (IHT) liability on his estate.

This would have offered clarity and reassurance to his loved ones in their time of grief.

Protect your loved ones with Ansons Solicitors

At Ansons Solicitors, we know that preparing a Will can be difficult, especially when there are children, partners, and ex-partners involved.

We can offer compassionate, objective advice and help you draft a legally binding Will that clearly reflects your wishes, giving you peace of mind that your assets and loved ones are protected.

Contact our Wills, Probate & Trusts team today for expert estate planning advice.