When someone passes away, they leave behind assets and liabilities (their Estate) that need to be dealt with. Who is responsible for handling the Estate depends on the deceased’s circumstances at the time of death and whether they left a valid Will.

In late 2024, singer Liam Payne died unexpectedly at age 31. Recently it has been released that he died without a Will – this is known as dying intestate.

Meaning of Intestacy

Intestacy occurs when someone dies without leaving a valid Will. In the absence of a Will, no Executor has been appointed, so someone must apply to become the Administrator of the Estate. Instead of applying for a Grant of Probate, they must apply for Letters of Administration.

The key distinction lies in where the authority to administer the Estate originates. Where there is a Will, the named Executor(s) can begin administering the Estate from the date of death, as their authority derives from the Will itself. However, where there is no Will, the Administrator’s authority only begins once the Letters of Administration have been granted.

This was the case in Liam Payne’s Estate. Because he died intestate, his former partner Cheryl and a Solicitor were appointed as administrators of his Estate.

Who Can Apply for Letters of Administration?

As no Executor has been appointed, the law sets out a clear hierarchy of those entitled to apply for Letters of Administration:

1. Spouse or civil partner. Must be legally married or in a registered civil partnership. Entitlement is not removed if the couple was separated at the time of death.
2. Children. Includes adopted children, but not stepchildren.
3. Grandchildren or great-grandchildren. Does not include step-grandchildren.
4. Parents
5. Siblings. Full siblings have priority; half-siblings can apply only if no full siblings survive.
6. Nieces and nephews
7. Grandparents
8. Uncles and aunts of the whole blood
9. Children of uncles and aunts of the whole blood
10. Uncles and aunts of the half blood
11. Children of uncles and aunts of the half blood

This order is strictly followed, meaning someone from a lower category (e.g. category 9) cannot apply if someone from a higher category (e.g. category 3) is willing and able to act.

If multiple people are equally entitled (e.g., several children), they can apply jointly. Up to four Administrators may be appointed.
Unmarried partners, including long-term cohabitants, are not entitled to apply. A common misconception is that living together as a couple establishes “common-law marriage,” but this has no legal standing in England and Wales when it comes to estate administration.

In Liam’s case therefore, as he was neither married nor in a civil partnership at the date of his death, his only child Bear was the primary beneficiary of his estate. As Bear is a minor, Cheryl and the appointed Solicitor are responsible for managing the Estate of Bear’s behalf until he turns 18 and is entitled to the funds within.

Who Inherits Under Intestacy Rules?

As with the order of entitlement to apply for Letters of Administration, the rules for inheritance under intestacy are also strictly defined. The general rules are as follows:

Married or civil partner

This must be a legal marriage or registered civil partnership.  Cohabitants and long-term partners do not qualify under these rules.

 If there are no children, the entire estate passes to the spouse or civil partner.

 If there are children, the spouse receives:

• All personal belongings
• The first £322,000 of the estate (statutory legacy)
• Half of the remaining estate
• The other half is shared equally among the children.

Children

If the deceased was not married or in a civil partnership, the entire estate passes equally to their children. Stepchildren are not included unless they have been legally adopted.

If there is no surviving spouse or children, the estate passes in the following order:
  1. Parents
  2. Siblings (or their children, if a sibling has predeceased)
  3. Half-siblings
  4. Grandparents
  5. Aunts and uncles (or their children)

If there are no surviving relatives in any of these categories, the estate passes as bona vacantia, meaning it is claimed by the Crown.

Conclusion

Had Liam Payne had a Will at the time of his death, he could have specified guardians for Bear, Trustees to manage the finances on behalf of Bear (provided his wish was for his £24 million plus Estate to pass to Bear) and if he so wished, could have left some gifts to his long-term girlfriend.

The intestacy rules can be complex and emotionally challenging, especially at a difficult time. While it is possible to apply for Letters of Administration independently, many people choose to instruct a solicitor due to the legal intricacies, time commitment, and potential for disputes.

For further information, or to discuss the issues raised within this case, please contact us to speak to a member of our Private Wealth and Inheritance Team.