When a loved one dies suddenly, their loss throws those they leave behind into turmoil as they grapple with the shock and pain of their unexpected bereavement.
And in the midst of their grief, family members must also get to grips with sorting out the legal and financial affairs of the person whose died.
In situations where the deceased hasn’t left a will, though, this becomes an even more daunting task.
It was reported recently that former One Direction star Liam Payne died without a will aged 31, leaving his estate worth over £24 million to be divided according to the laws of intestacy in England. His ex-partner Cheryl Tweedy, mother of his only son, has been appointed Administrator of his estate, along with lawyer Richard Mark Bray.
As Liam Payne died domiciled in England his estate will be administered and distributed in accordance with the statutory intestate succession rules under the laws of England and Wales. Intestacy is the term used when you die without leaving a will. Applying the law of intestate succession in England and Wales, Liam’s young son is the sole beneficiary and his family, including his parents and siblings, will not be entitled to a share.
The law ensures that a young person’s inheritance will be managed on their behalf and protected until they turn 18 however applications to court are required to have a suitable Administrator appointed to manage the funds and there is a strict order of priority as to who can be appointed.
Would the outcome have been different had Liam Payne died in Scotland? On the whole, no, as under intestate succession in Scots Law, his son would still have been the sole beneficiary and an executor appointed (in Scots Law referred to as Executor Dative) to administer the estate, again following a strict order or priority. The primary difference in Scots Law is that under intestacy, a minor will inherit at age 16 with the management of the funds being directed by the Accountant of Court. Arguably, this is a young age at which to inherit such wealth.
It's quite possible that the outcome of his son being his sole heir is what Liam Payne would have wanted had he drawn up a will however, having a will in place would have allowed him to control who was to look after his son’s inheritance and specify the age at which his son was to inherit. Through a will he would also have been able to make provision for his partner who, under intestacy, would have unlikely met the criteria for a dependant’s claim under English Law. Under Scots Law, as his cohabitant, she may have considered lodging an application to court for financial provision, bearing in mind the strict deadlines involved in this type of claim.
Having a will is important, but particularly so where young children may inherit as it gives you control as opposed to leaving it for the law to decide.
According to the National Wills Register’s most recent [2024] National Wills Report, in the UK only 50% of women, and 57% of men have made a will. This means that nearly 1 in 2 people dying in the UK (42% in Scotland) are potentially setting their loved ones up for an even more tumultuous and stressful experience after they are gone, if there is no will in place.
