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Why Unmarried Parents in the UK Must Make a Will – A Vital Lesson in Light of Recent Tragedy

Posted: Friday, 9 May 2025 @ 10:58

The recent publicity surrounding the death of Liam Payne has prompted many to reflect on life’s fragility— and how unprepared we often are for the unexpected. While the headlines focus on a high-profile loss, there’s a powerful lesson here for many families, especially those who are unmarried with young children: the urgent importance of having a valid will.

In the UK, the law is clear—but not always kind—when it comes to inheritance and guardianship. If you are not married and you die without a will, the people you love the most may have no legal protection, and your estate may not be distributed as you intended.

Why a Will is Crucial for Unmarried Parents in the UK

1. Appointing a Guardian for Your Children

If you have children under 18, making a will allows you to legally name a guardian who would take over your parental responsibilities if you were to die. Without this, the decision is left to the family courts. Even if you assume the other parent would automatically take over, this isn’t always guaranteed—especially if parental responsibility is not legally shared, or if there are concerns about the surviving parent’s ability to care for the children.

2. Appointing the people that you want to deal with your estate as opposed to leaving it to the law to make that decision.

Because Liam died without a will the law in the UK states that the person with parental responsibility for his child is the person who is able to apply to the courts to deal with his estate. Whilst under UK law there is a necessity for two people to be appointed to manage the estate on behalf of minor children it is up to the person with parental responsibility that is left to appoint somebody to act with themselves. Whilst we are aware that his former partner Cheryl Tweedy has appointed somebody to act with herself on behalf of their son, Bear, this may not have been the person that Liam would have wanted to manage his estate. Therefore, the only way he could have ensured that the people he wanted to manage his estate were put into that trusted position was to make a will.

3. Protecting Your Partner—Unmarried Means Unrecognised by Law

Under UK intestacy rules, unmarried partners have no legal right to inherit from each other—even if you’ve lived together for decades or have children together. Without a will, your partner could be left with nothing, while your estate passes to your children, parents, or other relatives. This could put them at risk of financial hardship or even homelessness.

4. Setting Up a Trust for Your Children

Without a will, your children would inherit under intestacy rules at age 18. Many parents feel this is too young to handle a large inheritance. By writing a Will, you can create a trust and appoint trustees to manage your estate until your children are older or more financially mature. You can also control how the money is used—for example, to support their education or well-being.

5. Avoiding Family Disputes and Court Delays

Bereavement is hard enough without the added stress of legal uncertainty. A well-drafted Will provides clarity, minimises family conflict, and ensures your wishes are carried out quickly and efficiently—rather than leaving loved ones entangled in emotional and financial battles.

6. Reducing Inheritance Tax Liability

A will can also help with estate planning, potentially reducing inheritance tax liabilities through careful structuring, including use of nil-rate bands, gifts, or charitable legacies.

What You Should Do Next

If you’re unmarried and have children, making a will is not just a wise step—it’s a critical one. Here’s how to get started:

  • Speak to a wills and trusts specialist 
  • Keep your will updated – especially if your relationship status changes, you have more children, or your financial situation shifts.
  • Store your will safely – and let your loved ones know where to find it.

Final Thought

No one likes to think about death—but doing nothing can leave your partner and children vulnerable. A will gives you peace of mind that those you love will be cared for, protected, and provided for, no matter what.

Let Liam Payne’s story be a reminder: don’t delay. Make your will today.  


Sue Ioannou

Head of Training

8th May 2025