The death of Liam Payne in October 2024 has highlighted the importance of having a will in place.
Payne, who found fame as a member of the band One Direction, died on 16 October 2024 without a will. At the time of his death, Payne had money, property and possessions worth £28,594,888, which was reduced to £24,279,728 following payment of expenses and debts.
In England and Wales, when someone dies without a will, the intestacy rules apply and a statutory order of entitlement determines who will inherit the deceased’s estate. Whoever is highest in the statutory order will inherit the entire estate, subject to certain rules relating to provision for surviving spouses or civil partners. Payne was unmarried at the time of his death but had a son who is now eight years old. It is therefore likely that Payne’s fortune will be held in trust for his son until he reaches 18 years of age.
The Court has appointed Cheryl Tweedy, Payne’s former girlfriend and mother of his son, and Robert Bray, a music lawyer, as the administrators of his estate and therefore the trustees of the trust. Tweedy and Bray will have powers of maintenance and advancement in relation to the trust fund. For example, they will be able to use the income received from the estate for Payne’s son’s maintenance, education and benefit. They will also have the power to give capital to Payne’s son sooner than he would otherwise receive it under the basic provisions of the trust.
Whilst Payne’s son has been taken care of by the intestacy rules, Payne also had a girlfriend, Kate Cassidy, at the time of his death. Under the intestacy rules, Cassidy will not receive anything from Payne’s estate. However, she may be able to make a claim for some financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if she can show that she was wholly or partly maintained by Payne immediately before his death. Cassidy will be treated as having been maintained by Payne if he was making substantial contributions in money or money’s worth towards her reasonable needs and had assumed responsibility for her maintenance. If Cassidy does plan to make a claim, she will usually have to do this within six months from the date of the grant of representation.
As can be seen from this situation, it is important to make a Will to ensure that you have control over what happens to your assets after you die and to make provision for your loved ones.
Please contact Catherine Pugsley, Beatrice Lewers or Hannah Fingleton in our Private Client Team on 020 7222 5381 to discuss this further.