Unless you’ve been living under a rock for the past decade or so, you’ve heard the name of one of the most famous bands in history: One Direction. The five-member boy band hailing from the United Kingdom garnered a worldwide following comparable to “Beatlemania,” even as they branched off into their own solo careers to varying success. Liam Payne’s sudden death in October 2024 rocked the worlds of former fans and fellow stars alike, but his passing brought a crucial issue to light: the multimillionaire had no will. While it may be surprising, it highlights that even the wealthiest of us are not immune from the complexities of probate law. Luckily, families of all financial backgrounds can learn from high-profile cautionary tales like these and better protect themselves for the future, no matter how young or old.
Background
Payne and former partner Cheryl Tweedy (of Girls Aloud fame) share an 8-year-old son, Bear. The pair never married but were together for two years. According to English intestacy law, if a person dies without a will and no civil or marital partner, the estate is inherited by the deceased’s children. Due to Bear’s minor status, Tweedy and music industry lawyer, Richard Mark Bray, were appointed by the court as co-administrators of the estate and were granted the power to manage the estate until Bear comes of age.
What This Means for Illinoisians
In Illinois, families could face a similarly restricting situation. Under Illinois probate law, laws of intestacy ultimately determine who inherits the deceased’s assets, which could lead to unwanted outcomes and a mess of legal problems, especially in cases where minor children stand to benefit. For instance, unmarried partners that have no legal documentation of their partnership may not be entitled to any part of the deceased’s estate. This occurred with Payne’s live-in Floridian girlfriend, Kate Cassidy. Since there was no will or documentation stating that she would inherit anything of his, she is not entitled to a part of Payne’s estate. Cassidy isn’t the only one left out: in the absence of a will as per UK law, none of Payne’s other family members, close friends, or loved ones will receive anything.
Why it Matters
Having a will prepared means that you get to determine how your assets are distributed, as a will takes priority over intestacy laws. By explicitly naming your beneficiaries, guardians for minor children, and estate executors, you are able to take some control regarding how those you leave behind are cared for. Writing a will is especially important for minors that stand to inherit, as their inheritance would be placed in trust and protected until they are 18 years old. The creation of this security is essential for setting your loved ones up to be protected financially. Lastly, having a will expedites the probate process; it saves your loved ones heartache and headache and ultimately assets from being depleted.
Who Needs to Have a Will?
No one thinks they need a will early-on in their lives, but as Liam Payne’s case proves, it’s never too soon to ensure that your affairs are in order. Those who are unmarried with a serious partner, are separated from a spouse, have children, are estranged from immediate family, own property, own business(es), have savings, and own valuables are among those who need to prioritize writing a will the most. Give yourself and your loved ones the peace of mind that will be needed knowing that your wishes are heeded and your family is protected.
Don’t wait any longer to get professional legal assistance for navigating the intricacies of probate.
Contact Hays Firm today for an initial consultation, and let us help you navigate the process with compassion and understanding.
**Disclaimer**
This content of this blog is for general informational purposes only, and does not constitute legal advice. Please consult with a qualified attorney or lawyer for advice specific to your situation.
