A growing number of people are dying without a Will – why, for your family’s sake, you don’t want to be one of them

Dying without a valid Will in place – like the One Direction star Liam Payne – can lead to a huge amount of distress and confusion for those left behind.

And it’s a significant problem. The number of estates where assets have been left without a Will has risen by more than 50,000 in the last year, up from 43,600 the previous year, to a five year high.

If you die without a Will, intestacy rules kick in. These govern what happens to your estate according to a strict criterion which prioritises blood relatives in a set order and makes little or no provision for unmarried partners.

It also increases the likelihood of an inheritance dispute with a growing number of families – one in three according to new research – prepared to take legal action if they think they have been unfairly treated or left out of a Will.

What happened in Liam Payne’s ‘no will’ case?

After the singer’s tragic death last October (2024), it emerged he had died without a Will leaving his entire £24 million estate to be administered under the laws of intestacy.

He was not married so his young son, Bear, becomes the sole beneficiary with his mother, Cheryl Tweedy, Liam’s former partner, and music industry lawyer, Richard Bray, appointed as administrators of the estate.

Says the Association of Lifetime Lawyers, of which most of our team are members: “As lawyers, we understand the profound consequences of dying intestate. In this case, the entirety of Liam’s estate will be distributed according to the rules of intestacy. His girlfriend at the time he died is not legally entitled to inherit. Friends and extended family are similarly excluded. Only his nine-year-old son stands to inherit, but not until he turns 18.”

While this may well have been the outcome Liam wanted, a Will would have allowed him to choose his own executors to administer the estate and to make clear at what age he’d like Bear to inherit his vast fortune, possibly older than 18, as well as choose other family members as beneficiaries.

What are the laws of intestacy?

Under these rules, which determine legally how the estate is distributed, the order is as follows:

• Spouses and civil partners with children inherit all the deceased’s personal possessions, the first £322,000 of the estate and half the remaining estate – the other half goes to their children.
• If there are no children, the spouse or civil partner (as long as the partnership has been registered) inherits the entire estate.
• Unmarried partners and close friends cannot inherit.
• If there is no surviving spouse or children, a strict hierarchy of relatives is followed: Parents, then siblings (full first then half), then grandparents, then aunts and uncles (whole blood first, half blood second).
• If there are no relatives, the entire estate passes to the Crown.

Why is it so important to make a Will?

Having an up-to-date and correctly drawn Will is crucial when it comes to carrying out your wishes when you die.  It can include everything from how you want your funeral arranged to making sure your favourite charity is remembered and, crucially, helps avoid difficulties and confusion for your relatives and friends.

It means you won’t leave your loved ones worrying about what you wanted, particularly at a time when they are grieving your loss.

A properly drawn up Will also gives you the chance to take wealth preservation steps to structure your affairs, not only to minimise your liability for inheritance tax, but to maximise tax relief too.

If you die without leaving a Will at all, your estate will be divided up strictly according to the rules of intestacy – without regard for your own plans and wishes.

Get in touch

Wards Solicitors wins high praise in the 2025 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.

It has also recently been named as Regional Law Firm of the Year by Bristol Law Society and our Wills, Probate and Mental Capacity team has also scooped the Devon and Somerset Law Society’s Private Client Team of the Year.

Our specialist Wills and Mental Capacity solicitors are all highly experienced. Most are members of the Association of Lifetime Lawyers and the Society of Trust and Estate Practitioners (STEP). Both organisations require the highest standards from its members with proven qualifications and experience.

To make or update your Will, please contact any member of our highly experienced Wills and Mental Capacity Team.