The recent news that pop star Liam Payne reportedly died without leaving a Will, leaving a £24 million estate in legal uncertainty, has been a sobering reminder of why making a will matters.
While Liam Payne’s case is still unfolding under English law, many in Scotland are wondering: what happens if you die without a will here? And more importantly, how can you make sure your loved ones are protected and your wishes are followed?
At Burnett & Reid, we regularly help clients across Aberdeen, Banchory and beyond put the right legal protections in place. Below, we will explain what happens under Scots law if you die without a will, and why it’s never too soon to make one.
What Happens If You Die Without a Will in Scotland?
If you die without a valid will, you are said to die intestate. This triggers a specific process under the Succession (Scotland) Act 1964 and subsequent updates.
In short: your estate is distributed according to default legal rules, not your personal wishes.
The process typically works like this:
- Appointment of an Executor
Since you didn’t name an executor in a will, someone (usually a close relative) must apply to the court to be appointed as executor-dative. This can add delay and expense.
- Payment of Prior Rights
Your surviving spouse or civil partner is entitled to certain assets first:
- The family home (up to a value of £473,000)
- Furniture and household contents (up to £29,000)
- A cash sum (£89,000 if children, £50,000 if no children)
(figures as of 2024—subject to review over time)
- Legal Rights
Children (including adopted children) and a surviving spouse/civil partner have further rights to a portion of the moveable estate (things like savings, shares, jewellery, cars, but not property).
- Residue of the Estate
Whatever remains is distributed to family members according to a strict order of priority:
- Children and descendants
- Spouses/Civil Partner
- Parents and siblings
- More distant relatives
- If no relatives can be found, your estate passes to the Crown.
The Risks of Dying Without a Will
As the Liam Payne story shows, dying intestate creates uncertainty and can result in your assets being distributed in ways you would not have chosen.
Common problems include:
- Delays and legal costs in administering the estate
- Family disputes over assets
- Unmarried partners receiving nothing automatically
- Children potentially inheriting at 16, with no safeguards in place
Loss of charitable or personal legacy intentions
Without a Will, your true wishes are unknown, and the law takes over.
Why You Should Make a Will Now, Not Later
Many people think making a Will is something to do when we hit retirement or our “golden years.” The reality is, life is unpredictable.
Liam Payne was only 31. The fact that such a young, successful person had no Will shows that this is an issue for everyone, regardless of age or wealth.
Having a Will in place ensures:
- Your loved ones are protected
- Your chosen executors handle your affairs
- Your assets are distributed exactly as you wish
- You can leave legacies to causes you care about
- You avoid unnecessary stress and cost for your family
How Do You Write a Will?
At Burnett & Reid, we help clients across Aberdeen, Banchory and throughout Scotland to make Wills tailored to their needs, whether they are 18 or 80.
Our experienced team of solicitors can guide you through the process in a friendly, straightforward way, ensuring your Will is legally sound and reflects your wishes.
Don’t leave it to chance. If you don’t yet have a Will, or your current Will needs updating, get in touch today and we’ll be happy to help.
Contact us here or call us on 01224 644333
