No Direction Without A Will
Making a Will helps ensure your wishes are honoured and avoids the complications of dying without one.
When celebrities die without a will, their estates often make headlines and highlights why estate planning matters.
In October 2024, former One Direction band member, Liam Payne passed away without a valid Will. Despite his significant wealth, he had no say in how his estate would be distributed. Instead, it will be handled under intestacy laws in the United Kingdom – the legal rules that decide who inherits when someone dies without a Will.
Liam’s eight-year-old son, Bear, is expected to inherit the estate. However, as a minor, Bear cannot access the funds until adulthood. In the meantime, Liam’s estate will be managed on his behalf by a court-appointed administrator. An administrator is responsible for managing the estate, which may involve, paying debts, investing assets, and eventually ensuring the estate is passed on to the correct beneficiaries.
Fortunately, Liam had maintained a respectful relationship with Bear’s mother, singer Cheryl Cole, who the court has appointed administrator of his estate. Cheryl will manage Bear’s inheritance on his behalf until such time as he can receive it.
Had Liam’s relationship with Cheryl been less amicable, this situation could have become far more complicated. It is also worth noting that Liam was in a relationship with influencer, Kate Cassidy at the time of his death. Reports suggest Kate is not a beneficiary of the estate however, complications could arise if Kate were to bring a claim for provision against it.
Could such complications have been avoided if Liam put a Will in place?
It’s a timely reminder that making a Will is not just about assets but about reducing stress and uncertainty for those left behind.
What happens if you die without a will?
If the person passes away without leaving a valid Will (dies intestate) or makes a Will that inadequately disposes of their assets, the rules of intestacy will apply.
The deceased’s closest next of kin will usually make an application to the court for what is known as a grant of letters of administration and the deceased’s estate will be distributed according to the intestacy rules.
In Victoria, the rules of intestacy are embedded in the Administration and Probate Act (1958) (Vic) (“the Act”), and are applied as follows:
| Who has the deceased left behind? | Who will benefit? |
|---|---|
| Partner (no children or issue) | Partner receives the whole estate |
| Partner and children of the relationship | Partner receives the whole estate |
| Partner and children from another relationship | If the estate is less than $573,640* (“statutory legacy”) then Partner receives the whole estate. *The current figure if the deceased died between 1 July 2025 to 30 June 2026, this figure increases each year. However, if the estate is more than the statutory legacy then Partner receives this amount (plus interest), chattels (i.e. personal property) and 50% the residuary estate. Children receive the other 50% residuary estate equally, and if a child passes away before the intestate, then to that child’s children (grandchildren) equally. |
| More than one partner (no children) | Partners share the estate by agreement or court order. The amount is based on a complex legislative formula |
| Children (no partner) | If the person dies intestate, their children share the estate equally. If a child has died before them, that child’s share passes equally to their own children (the person’s grandchildren). |
| Parents (no partner or children) | Parents share the estate equally (if more than one) |
| Siblings (no partner, children or parents) | If the person dies intestate, their siblings share the estate equally. If a sibling has died before them, that sibling’s share passes equally to their children (the person’s nieces and nephews). |
| Grandparents (no partner, children, parents or siblings) | Grandparents share the estate equally |
| Aunts and uncles (no partner, children, parents, siblings or grandparents) | If the person dies intestate, their aunts and uncles share the estate equally. If an aunt or uncle has died before them, that person’s share passes equally to their children (the person’s cousins). |
| No category has been satisfied | The Crown |
Why make a Will?
The rules of intestacy are a “blanket” set of rules which should be avoided, if you want to:
Choose someone to administer your estate (executor/trustee)
Choose a guardian for your minor children
Choose whom you want to benefit from your estate (i.e. friends, charities)
Choose how you want your estate to be distributed i.e. you may wish part of it or all of it to be held upon a trust for a certain beneficiary
Choose the most suitable trust (standard, testamentary or special purpose trust) and
Consider any tax implications (i.e. capital gains tax, foreign and minor beneficiary/s)
The importance of a Will
An important takeaway is that, if you die and have not made a Will, your beneficiaries may not be those you would necessarily have chosen to inherit your estate. For instance, a former spouse from whom you have separated and to whom you had no intention of leaving your estate could inherit some or all of your assets.
In making a Will, you will decide to whom your estate shall pass to upon your death.
Often placed in the “too hard basket”, making a valid Will is a step in the right direction to ensuring your wishes are honoured and to avoid the complexities of intestacy.
Our Wills & Estates team can assist you in having a Will that accurately reflects your intentions.
Please contact us on (03) 9629 7411 or submit an enquiry to make an initial appointment.
