No Will, No Say: Liam Payne’s $48 Million Estate Now Controlled By His Ex

It has now been revealed that the former One Direction star Liam Payne, who died in October 2024, did not have will. Payne leaves behind an eight-year-old son, Bear, whom he shared with his former partner, Cheryl Tweedy, and girlfriend of two years, Kate Cassidy, as well as a large estate valued at approximately £24.3 million (around AUD $48 million), comprising of music royalties, investments, and other assets. What happens now?

Under UK intestacy rules, Bear is expected to inherit the entirety of Payne’s estate, with Tweedy, Bear’s mother and Payne’s ex, to manage the funds alongside music industry lawyer Richard Mark Bray. Unfortunately for Payne’s girlfriend, Cassidy, she is set to receive nothing as her and Payne were not married or in a registered civil partnership.

Payne’s lack of a will means that Payne’s personal wishes for his estate—whether to provide for other family members, his long-term girlfriend, friends or charitable causes—will not be considered. This case serves as a poignant reminder of the consequences of failing to estate plan, particularly for high-net-worth individuals with complex personal and financial circumstances.

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What Would Have Happened in Queensland?

In Queensland, intestate succession is governed by the Succession Act 1981 (Qld) (the ‘Act’), which provides the framework for distributing an estate without a will. While it is different from UK law, similar rigidity applies.

The Act recognises a broader range of relationships, including de facto partners and aims to balance the interests of spouses, partners and children. Key provisions include:

• Children: If there is no surviving spouse or de facto partner, the children inherit the estate equally, similar to UK law. However, if a spouse or partner exists, the children share the residue of the estate after the spouse’s entitlement below is satisfied.

• Surviving Spouse or De Facto Partner: If the deceased leaves a spouse or de facto partner who meets strict criteria, they are entitled to a significant portion of the estate. For example, if the estate is valued at less than $150,000, the spouse or partner typically receives the entire estate. For larger estates, the spouse or partner receives a fixed sum (e.g., $150,000) plus a portion of the residue, with the remainder divided among any children.

• No Eligible Beneficiaries: If there are no spouse, partner or children, the estate passes to other relatives (e.g., parents, siblings) or, ultimately, to the state of Queensland as bona vacantia (ownerless property).

Had Payne resided in Queensland and Cassidy met the strict criteria for de facto, Cassidy would be entitled to a distribution of the estate. Further, if Tweedy was considered dependent on Payne, she may have also been considered a spouse and received an entitlement. After those entitlements were satisfied, the remainder of the estate would belong to Bear and managed by his guardian, namely his mother and Payne’s ex, Tweedy, until Bear was an adult.

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Could This Happen to You?

Liam Payne’s case serves as a stark reminder of the risks associated with failing to create a valid will. Intestacy laws, while designed to provide a default framework, are inflexible and may not reflect your personal wishes.

Key benefits of estate planning include:

• Control Over Asset Distribution: A will allows individuals to specify who inherits their assets, whether family, friends, or charities, and in what proportions.

• Protection for Minor Children: A will can appoint guardians for minor children and establish trusts to manage their inheritance, ensuring their financial security.

• Minimising Disputes and stress: Clear instructions in a will reduce the likelihood of family disputes or legal challenges, as well as reducing unnecessary stress in an already stressful time, providing peace of mind for those left behind.

At DB & Co Legal, we emphasise the importance of proactive estate planning to safeguard our clients’ legacies. This includes:

• Drafting a comprehensive will that reflects your wishes and circumstances.

• Appointing suitable executors or administrators to manage your estate.

• Reviewing and updating your will regularly, particularly after major life events such as marriage, separation or the birth of a child.

• Considering additional tools, such as trusts or powers of attorney, to enhance your estate plan.

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