No direction without a will

Former One Direction star, Liam Payne, passed away in tragic circumstances in a Buenos Aires hotel in October 2024. Now, news has emerged that he died without a will. As a British citizen with an estate valued at a reported £24.3 million (nearly R600 million), the absence of a valid will means Payne’s assets will be distributed according to the United Kingdom’s intestacy laws that govern deceased estates of people who die without wills.

His former partner and the mother of his child, Cheryl Tweedy (a.k.a. Cheryl Cole, ex-wife of footballer Ashley Cole), has been appointed as administrator of his estate and as it stands his entire fortune would go to their eight-year-old son, Bear, probably at a predefined age and remain in a trust until then.

When he passed away, Payne had been dating Kate Cassidy for two years, reportedly paying her a monthly allowance of £20,000 (around R485,000) towards her living expenses.

Ken Newport, National Manager of Succession Planning at Capital Legacy looks at what could happen to Cassidy, whether the generous financial support she’s been receiving may cease, and whether she’d be entitled to a share of Payne’s multi-million fortune. Newport also explains what would happen if such a case were to occur in South Africa, where the most recent census numbers (2022) show that an estimated 3.7 million South Africans live together without being legally married.

Implications for unmarried partners and supported individuals

Newport says, “If Kate Cassidy lodged her claim in a UK court, she might be entitled to inherit a portion of Liam Payne’s estate, depending on their marriage plans and living arrangements in terms of UK intestate succession laws and inheritance, specifically the Inheritance (Provision for Family and Dependants) Act of 1975. To make a successful claim, Cassidy would need to prove – as the cohabiting partner – that Payne had a moral duty to provide for her, and that she would be left without reasonable provision for her own maintenance.

“Interestingly, the same would be true in SA. The deceased’s girlfriend would not automatically be recognised as a beneficiary under our Intestate Succession Act. However, depending on the nature of their relationship, a girlfriend may be able to prove that they were living as life partners and that she was reliant on the deceased for living expenses, which may constitute a claim to inheriting a portion of the estate.”

What’s considered a ‘spouse’ under South African law?

The definition of “spouse” has evolved in South African law to encompass various forms of partnerships. Following a Constitutional Court ruling in March 2022, the term “spouse” now includes those in permanent life partnerships who have undertaken reciprocal duties of support. This expanded definition ensures that such partners are recognised for intestate succession purposes.

Dying without a will in South Africa

Inheritance laws differ from country to country. In South Africa, when someone dies without a valid will, their estate is distributed according to the laws of intestate succession. Our Intestate Succession Act is quite specific about the hierarchy for inheritance:

1. Spouse and children: If the deceased is survived by both a spouse and children, the estate will be divided among them, with the spouse being entitled to a child’s share or a minimum of R250,000 – whichever is greater.

2. Children only: If the deceased is survived by children only, they would inherit in equal shares.

3. Spouse only: If only a spouse survives, they inherit the entire estate.

4. No spouse, no children: In the absence of a surviving spouse and child(ren), the estate is distributed to parents, siblings, and other relatives in a prescribed order.

The importance of drafting a will

To ensure that your assets are distributed according to your wishes and to provide for your dependents, it is crucial to draft a will. A valid will allows you to:

1. Specify beneficiaries, including those not covered under intestate succession laws;

2. Appoint preferred guardians for minor children (younger than 18);

3. Establish testamentary trusts for the management of assets in the case of minors; and

4. Minimise potential feuds among surviving family members and spare your loved ones unnecessary stress at a time of grief.

Payne’s situation serves as a reminder of the potentially complex pitfalls of dying without a will. For many South Africans who are living together as life partners without being legally married, it highlights the necessity for proactive estate planning. The Intestate Succession Act provides a framework for asset distribution, but leaving your estate in the hands of the courts may not align with your wishes or adequately provide for all your dependents. By drafting a valid will, you can ensure that your legacy is protected and your assets are distributed according to your wishes, providing peace of mind and financial security for your loved ones.