Legal Lessons from Liam Payne’s Untimely Death: Why Creating a Will Is Essential

By Alisha Afzal

Solicitor

Wills, IHT, Trusts and Probate

23 May 2025

Insights News

The sudden passing of Liam Payne last October shocked fans and the world alike. However, since his death, it has emerged that Liam died without leaving a valid Will, despite official records revealing he left behind a vast estate of around £24.3 million.

When someone dies without leaving behind a valid Will, their estate is divided in accordance with a set of statutory rules known as the ‘intestacy rules.’ These rules determine how assets are distributed, setting out a strict order of priority for surviving family members. As a result, such rules can lead to unintended outcomes and create challenges for those loved ones left behind.

The Intestacy Rules

Under the intestacy rules, when a person dies leaving behind a surviving spouse or civil partner, their spouse or civil partner inherits the entire estate, provided there are no children. 

This rule still applies even if the deceased and their spouse/civil partner had separated before their death but had not legally divorced or dissolved the civil partnership.  In such cases, the surviving spouse or civil partner will remain entitled to the entire estate, regardless of the separation or the deceased’s wishes if no Will was left.

However, if the deceased had children, the position is different. Instead of inheriting the entire estate, the spouse or civil partner would receive what is known as a ‘Statutory Legacy’, which is currently £322,000, together with any the deceased’s personal possessions. The remaining estate would then be divided with 50% passing to the surviving spouse or civil partner and 50% being split equally between the children.

Where a person dies without leaving a spouse, civil partner or children, their estate is divided in accordance with a statutory order of priority.  This means that an estate could pass to other relatives such as parents, siblings or even more distant relatives, depending on the circumstances of the case.

In Liam’s case, he died leaving behind no spouse and one child, his son Bear.  Under the intestacy rules, Bear, as Liam’s closest living relative, is set to inherit Liam’s entire £24.3 million fortune.  Whilst this outcome may have been what Liam intended anyway, the situation could have been problematic had his circumstances differed.  For example, if Liam had a spouse, and other children, his estate may have been divided in a manner that he had not intended.  Even if Liam died without a spouse or children, his estate may have passed to more distant estranged relatives.

The Age Factor

Beyond the question as to who inherits, a Will also allows a person to specify when a beneficiary inherits. In Liam’s case, Bear will have an absolute right to the assets upon attaining 18. However, this could present challenges, as passing a vast fortune of this size to an 18-year-old could expose Bear to the risk of making poor financial decisions or even depleting the assets all together.

Had Liam created a Will, he could have established a trust to ensure Bear inherited the estate at specific age, such as 21 or 25, when he might be better equipped to handle the greater financial responsibility.  Using a trust, Liam could have also set conditions on how the money would be used, such as the funds being used towards Bear’s education.

Planning Ahead

This case therefore demonstrates how the intestacy rules operate a ‘one-size-fits-all’ approach, without consideration given to family dynamics or individual preference.  A Will provides greater control, allowing you to decide exactly how your estate is distributed, to whom, when, and how they should receive it. Whether it is ensuring your children are well taken care of or making sure a loved one receives a specific item, a Will ensures you have the peace of mind that your wishes will be carried out after your passing.

If you have any questions regarding the contents of this article, you can contact Taylor Walton’s private client team here. They would be happy to assist you with any issues or queries you may have.

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Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.