Liam Payne, the One Direction singer died in October 2024 aged just 31. Liam died falling from a balcony whilst holidaying in Argentina.

The media soon reported that Liam had died intestate (without a will). It is thought that 1 in 3 people in England die without making a will.

Payne’s son Bear (8) will inherit the whole of Liam’s fortune, over £24 million upon reaching 18 in accordance with the rules of intestacy.

There has been speculation regarding Liam’s girlfriend, Kate Cassidy, a New Jersey-born model (26) and whether she will be entitled to any of his fortune. The starting point is that in the absence of a will she will not be entitled to anything under the rules of intestacy. The notion of a “common law spouse” is a myth; the term means nothing in a legal sense. However, Kate could issue a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for “reasonable financial provision” from Liam’s estate.

To succeed, she would firstly need to prove that she’s a qualifying claimant. To do so, she would need to show that she had been co-habitating with Liam as husband and wife for a minimum of 2 years prior to his death, or that she was being financially maintained by him. Reports suggest that the pair had been dating for 2 years prior to his death and whilst they were living together in Florida at the time of his death, it’s unlikely they had been living together for 2 years which would likely restrict her to a claim as someone who was being maintained by Liam at the time of his death.

The media reports suggest that she was receiving a monthly allowance of £20,000 from him. If she can evidence this, and perhaps that he was paying the rent on the property they shared in Florida, then she may well be able to show that she was being maintained by him and is therefore an entitled applicant.

Would her claim succeed?

In determining what, if anything, Kate should receive in the event of her bringing a claim, the Court would consider a number of factors, including:

(a) the financial resources and financial needs which Kate has or is likely to have in the foreseeable future;

(b) the financial resources and financial needs which any other has or is likely to have in the foreseeable future;

(c) the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;

(d) any obligations and responsibilities which the deceased had towards any applicant  or towards any beneficiary of the estate of the deceased;

(e) the size and nature of the net estate of the deceased;

(f) any physical or mental disability of any applicant or any beneficiary of the estate of the deceased;

(g) any other matter, including the conduct of the applicant or any other person, which in the circumstances of the case the court may consider relevant.

Anything awarded would be limited to what would be required for her “maintenance”.

The media reports that the pair intended to marry, that Liam had asked his friend to be best man. It’s been suggested however that Kate has money of her own, all of which would be relevant factors in the event of a claim being made. It has been suggested by the media that Kate is unlikely to bring a claim, however if she does intend to, she must do so within 6 months of the Grant – 31^st October 2025.

No one can second guess what Liam’s wishes would have been for his estate, however it is a stark reminder of the importance of making a will. Other celebrities reported to have died without making a will are Amy Winehouse, Prince and Aretha Franklin.

Louisa Wardle – Partner & Solicitor