The Probate Registry have recently granted letters of administration in respect of the singer and One Direction band member Liam Payne’s Estate, who tragically died in October 2024. Liam did not leave a Will, which means his Estate passes in accordance with the intestacy rules. As he was not married at death, this ultimately means that his son will receive his entire Estate, the net Estate totalling £24,280,000.
Under the intestacy rules, his son cannot deal with or receive the Estate until he reaches the age of 18. On this basis, his mother, Cheryl Tweedy, along with solicitor Richard Bray, will be the guardians of the Estate until he turns 18.
This means that Kate Cassidy, Liam’s girlfriend of 2 years, will receive nothing from his Estate, despite her claiming that they were planning to marry. However, she may look to explore a claim against Liam’s Estate, particularly if she was financially dependent on him.
As there is no Will, Kate’s primary claim would be to receive reasonable financial provision from Liam’s Estate, under the Inheritance (Provision for Family and Dependants) Act 1975. Kate would have two hurdles to overcome to be successful in a claim against Liam’s Estate. The first is to establish whether she is eligible to bring a claim, which would depend in part on whether they lived together for the last two years as though they were married. Even if this is not the case, if she can demonstrate that she was financially dependent on him, Kate would be eligible to bring a claim.
The second hurdle for Kate to overcome would be what is commonly referred to as the “section 3 factors”. These include her financial needs and resources, Liam’s son’s financial needs and resources, the size of the Estate, and among others, any other matter the court believes to be relevant. One element of this could be the fact that Liam did not leave a Will, and whether this was deliberate or whether this was accidental. Another could be how far the parties had reached in planning to marry.
Whilst it is impossible to ascertain how strong Kate’s claim might be, it is evident that had Liam made a Will, he could have made his intentions clear in how he would like to leave his Estate to his family and friends, which would not only have resulted in his Estate potentially being distributed in a way he preferred, but even if he wanted to leave everything to his son, a Will would demonstrate that this was his intention, and would be supported by contemporaneous attendance notes made by a Will writer to defend.
The situation also highlights that tragedy can strike at any time, and preparing and executing a Will is just as important for those of a younger generation, particularly those with significant assets and/or children, to ensure that their wishes are recorded for those they wish to benefit.
Comments