In light of the news that Liam Payne passed away without making a will, Angela Smith of our wills and probate department outlines what happens in such situations and why having a will is so important.
When someone dies intestate (without a valid will), the distribution of their estate is governed by the Intestacy Rules as outlined in the Inheritance and Trustees' Powers Act 2014. These rules determine who inherits the deceased person's property and belongings based on their family relationships.
Key Points of the Intestacy Rules:
- Spouse or Civil Partner:
- If the deceased is survived by a spouse or civil partner and has children:
- The spouse or civil partner receives the first £270,000 of the estate and personal belongings.
- The remainder is shared between the spouse or civil partner and the children. The spouse gets one-third of the remainder, and the children share the other two-thirds.
- If the deceased has no children but a spouse or civil partner:
- The spouse or civil partner will inherit the entire estate.
- Children:
- If there is no surviving spouse or civil partner, the estate is divided equally among the children. If a child has died before the deceased, their share will be passed to their children (the grandchildren of the deceased).
- Other Family Members:
- If the deceased has no surviving spouse, civil partner, or children, the estate will go to other relatives in the following order:
- Parents
- Siblings (and their descendants)
- Grandparents
- Uncles and aunts (and their descendants)
- No Family:
- If there are no surviving family members, the estate will pass to the Crown, meaning it becomes the property of the government.
Why Make a Will?
- Control over Distribution:
- A will allows you to specify exactly who will inherit your estate and how your assets will be divided, rather than relying on the rigid intestacy rules. You can allocate specific assets to certain individuals or organizations (e.g., charities).
- Avoiding Family Disputes:
- By clearly outlining your wishes, you can reduce the likelihood of family conflicts and legal challenges. Intestate estates can sometimes lead to disputes among surviving relatives about who should inherit.
- Guardianship of Children:
- If you have young children, a will enables you to appoint legal guardians to care for them in the event of your death. Without a will, the court will decide who will care for your children.
- Minimizing Delays and Costs:
- A will can help speed up the probate process, which is the legal process of administering the estate. Without a will, probate can be more complicated, and it may take longer to settle your estate.
- Tax Efficiency:
- You can plan for inheritance tax through your will, potentially reducing the amount of tax payable on your estate. A will allows you to take advantage of tax exemptions and reliefs.
- Peace of Mind:
- Having a will gives you peace of mind knowing that your wishes will be carried out after you pass away, and your loved ones won’t be left with uncertainty about your intentions.
Your Family Deserves Clarity, Not Chaos
We know how easy it is to put off making a will. Life is busy, and no one likes to dwell on the “what ifs.” But without a will, you risk leaving behind a legacy of legal complications rather than peace of mind.
At Garratts Solicitors, we help families across Greater Manchester put their affairs in order with sensitivity, clarity, and professionalism. Whether you're 28 or 88, married or single, a homeowner or not—everyone should have a will.
Why Choose Garratts?
- Local expertise: We’ve been serving Greater Manchester for over 30 years.
- Personalised service: Every client gets a tailored will that reflects their unique wishes.
- Fixed fees: No surprises, just honest, transparent pricing.
- Home visits available: We make it easy, wherever you are in life.
Start Today. Protect Tomorrow.
A will isn’t just a legal document—it’s a final act of love and responsibility.
Call Garratts Solicitors today on 0161 665 3502, visit us at www.garrattssolicitors.co.uk or drop into one of our six offices across Greater Manchester. We’re here to help you take the first step toward lasting peace of mind.
