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Why can intestacy cause problems?
The rules of intestacy do not take account of informal promises, personal relationships or what someone may have said they wanted to happen.
Without a Will, families may face delays while it is confirmed who has legal authority to act. There may also be uncertainty about who should inherit, how assets should be managed and what arrangements are needed for children or vulnerable beneficiaries.
For young families, unmarried couples, separated parents, blended families and those with significant assets, relying on intestacy can leave important decisions to the legal rules rather than to personal choice.
The Guardian reported that Liam Payne, the former One Direction singer, left an estate worth around £24.3m after debts and expenses, but had not made a Will. His former partner Cheryl Tweedy, the mother of his son Bear, was named as one of the administrators of the estate, alongside music industry lawyer Richard Mark Bray.
The case has attracted attention because of Payne’s public profile and the value of the estate; however, the same legal issues can affect families of all sizes.
What is an intestate estate?
When someone dies without a valid Will, they are said to have died “intestate”. Their estate is then distributed under fixed legal rules, rather than according to their personal wishes.
This can create problems where family arrangements are not straightforward. Our free Wills and Probate guide explains that a professionally drafted Will can help make wishes clear, protect the people you care about and reduce the risk of disputes or confusion.
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TLW Solicitors’ comment
“The recent reports about Liam Payne’s estate show that intestacy is not only an issue for older people or those with complicated family arrangements. It can affect anyone who dies without a valid Will, regardless of age, wealth or public profile.
People often assume that their loved ones will simply be able to sort everything out, but that is not always how the law works. Intestacy rules are fixed and can leave families dealing with uncertainty, delay and decisions the person who died may never have chosen.
A Will gives clear instructions, appoints the people you trust to deal with your estate, and can make life easier for those left behind. In my view, it is one of the most practical ways to protect your family.”
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Estate planning checklist: what should you think about?
A Will does not need to be complicated, but it should be properly prepared and tailored to your circumstances.
Useful questions to consider include:
- Who do you want to inherit your estate?
- Who should act as your executors?
- Who should look after money or assets for children until they are old enough?
- Do you need to make provision for an unmarried partner, stepchildren or vulnerable relatives?
- Could there be a risk of disagreement between family members?
- Are there tax, property, business or trust issues to consider?
- Do you also need Lasting Powers of Attorney in case you lose capacity during your lifetime?
Planning ahead is about more than paperwork; it is about protecting your family, reducing uncertainty and giving yourself peace of mind that the right arrangements are in place.
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How can estate planning help?
A Will allows you to decide who should inherit, who should deal with your estate and what protection should be put in place for children, partners or vulnerable beneficiaries.
Estate planning can also include trusts, lifetime estate planning and Lasting Powers of Attorney. These can help protect family assets, plan for future decision-making and give loved ones clearer guidance at difficult times.
It is also important to use properly regulated advice; large parts of the Will writing industry are unregulated, while TLW Solicitors is regulated by the Solicitors Regulation Authority, carries professional indemnity insurance and provides solicitor-led advice tailored to individual circumstances.
How TLW Solicitors can help
TLW Solicitors provides clear advice on Wills and Probate, including Intestacy. If you want to make a Will, review an existing Will, put Powers of Attorney in place or understand what happens when someone has died without a Will, we can guide you through the process with clear, practical advice.
