Would you choose your ex-partner to control your assets after your death? If not, you should make a Will.

The young One Direction star Liam Payne died in October 2024, aged 31. He had not made a Will. He left behind a reported fortune of over £24 million. As a consequence of not making a will, his ex-partner (the mother of Liam’s only child) Cheryl, is now legally responsible for Liam’s money, property and possessions having been named an administrator of his estate. 

This situation arises where a person dies without leaving formal instructions, in the form of a Will, setting out who should manage and benefit from their money and possessions. 

If you die without a Will, a strict set of rules will dictate who has the power to manage and benefit from your estate. The rules are called the intestacy rules. 

The intestacy rules vary depending on which family members you leave behind. If you die leaving a spouse and children, they may share your estate (depending on the value of your assets). 

If you die leaving no spouse, your children will inherit your estate at the age of 18, irrespective of their financial position or maturity. 

Unmarried partners will have no automatic legal right to any of your assets. 

In the case of Liam Payne, his young son Bear is expected to receive all of Liam’s fortune. However, will Bear be ready to inherit the fortune at 18? 

Liam may have hoped for other family members to share in his wealth but the intestacy rules do not allow for this and we will never know. 

When can a person inherit?

In England & Wales, the minimum age that a person can legally inherit directly is 18. Until that age, assets are held in trust for children. However, if you make a Will, you can choose the age at which your children will become legally entitled to their inheritance.

Can intestacy be challenged?

In England & Wales, individuals who were financially dependent on the deceased can seek to make claim reasonable financial provision, even if they are not married. However, there are strict rules governing such claims. 

The best approach is to plan ahead and make a Will. To take control.

Choice of Executors 

Liam may have chosen to appoint his ex-partner, Cheryl, to administer his estate and to leave everything to his son at the age of 18, but equally he may preferred something different.

Making a Will can also allow you to appoint legal Guardians for young children.  Whilst in Liam’s case, Bear still has his mother to take care of him, the appointment of Guardians can be important in a situation where both parents suffer untimely deaths.

This case highlights the importance of taking control and protecting your legacy. Taking professional advice and making a validly executed Will will help your loved ones, saving them time and expense.