Dying without making a Will – What happens next?

Posted on May 14, 2025

In light of news that One Direction star Liam Payne did not make a Will and the legal ramifications that will now follow as his estate, it shows the importance of having an up to date and valid Will.

What will happen to Liam Payne's estate?

Whilst many of us might not be leaving estates worth £24.3 million, it is still important to state who you want to benefit from your estate, as a lack of a formal Will could pave the way for potential challenges.

Liam’s son, Bear is expected to inherit the bulk of his father’s estate, but it will remain in trust until he turns 18 and can legally inherit.

Challenging a Will

As he was not married and only had one son without a Will his long term partner may have grounds to claim part of the estate if she feels she has been unfairly excluded. She may have been financially dependent on the singer and so could claim reasonable financial provision.

Any challenges to a Will has to be initiated within six months of the Grant of Letters of Administration, say contentious probate solicitors, but our advice across the board to all clients is to make sure you have an up to date Will. At Pearson Solicitors we work closely with property and family teams to make sure clients get the right advice when their personal circumstances change.

What age do people make a Will?

Like Liam over half of adults in the UK do not have a Will, however it does seem older people are slowly getting the message and there has been more engagement in the past year as people opt to finalise their last wishes and make sure loved ones are being considered.

According to the report 41% of UK adults have made a Will, up from 38% in 2024. This equates to around 22 million people. Yet despite the rise, many people - especially those under 55 - still haven’t “got round to it,” with inertia cited by 54% of non-will holders as the main reason.

“At Pearson we constantly tell clients about the importance of a valid Will, the necessity to update Wills and how changing life circumstances mean a Will might need to be changed,” says Lucy Roughley, Legal Adviser in our Private Client Department.

A recent report by the Institute of Registries and Notary (IRN) states that over four in ten UK adults now have a Will, marking a significant milestone in consumer engagement with end-of-life planning, both Wills and Lasting Powers of Attorney.

“Having a valid and up to date valid Will is one of the most important things a person can do, it’s a life choice that needs to be made no matter what age you are and having it drafted by a professional solicitor ensures it is valid, cannot be easily challenged and is fit for purpose,” says Lucy.

“It’s good to see that attitudes towards end of life planning are changing, but as in the case of Liam Payne when a young person tragically dies without a Will it gets highlighted in the media and we need to encourage more young people to think about planning ahead for any eventuality.

“This recent report by the IRN predicts growth, consumer preferences and future trends in the legal market and at Pearson Solicitors our approach to making a Will is not a one size fits all attitude, and we work with clients to create a more personal bespoke approach.”

The importance of a Lasting Power of Attorney cannot be overstressed and taking advice is up by 22% (up from 15% in 2023).

Digital assets in a Will

Interest in digital assets is growing, with 39% of adults including or intending to include digital legacies in their Will, up from 36% last year. Crypto-currency is also another factor to consider when making a Will and our private client solicitors will chat you through the processes involved.

“Younger people need to remember that a Will can be made no matter what your age or what your circumstances and digital assets must be considered, gone are the days of just cash, property and chattels, in their place is a whole digital legacy,” advises Lucy.

“Your relatives could experience problems accessing password protected information and digital assets do hold a financial value and can legally be passed onto your beneficiaries.”

“I always tell clients to think about their digital legacy and make a list of all their digital assets. Your Will can also govern who manages deactivation and the memorialising of your online social presence and it’s always good to consider who you would like to access the accounts and who will inherit their value.”

What makes a Will valid?

A valid will under UK law must meet specific legal requirements to be recognised.

The Will must be in writing, either printed or handwritten, and signed and dated by the person making the Will.
For a Will to be valid it must be signed and that signature must be witnessed by two non-beneficiaries.
In addition the person making the Will, the testator, must also have the required mental capacity to do so.
The Will must be made voluntarily, without any undue influence.

“Whilst not all of us have multi-million pound legacies like Liam it is still important to remember that only with a Will can your money go where you want it to go,” advises Lucy

How can we help?

For legal advice on making a Will or a Lasting Powers of Attorney contact our private client solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.