Sadly, football icon Diego Maradona passed away last November. Many people are speculating that the footballer passed away without a Will, leaving much confusion over what will happen to his estate, which is claimed to be worth more than R3 billion. Because he didn’t apportion his estate himself through a will, this means that lengthy legal battles will take place in order to decide which of his children should benefit from his estate – with some already underway concerning two individuals who are claiming to be unrecognised children of the footballer.

It may seem shocking that someone with such a substantial fortune had not written a Will, but the situation is not uncommon – famous examples of stars who died without Wills include Prince and Elvis Presley. In the wider population, reportedly only 36% of the UK population (19m adults over the age of 18) have a Will, leaving their relatives facing lengthy and uncertain processes to determine who should receive what portion of their estate. This article examines some of the issues thrown into the light by Diego Maradona’s estate.

Estate Planning

Estate planning allows you to specify what you want to happen after your death. It will provide a clear plan as to your wishes regarding how you would like to distribute everything you own after you pass away and organises your affairs so that your loved ones have guidance and peace of mind at a very difficult time. This can include:

• Writing a Will and appointing someone (the Executor) to have the responsibility of gathering up your estate and then distributing it according to your instructions.
• Valuing your estate and making a list of any assets or debts.
• Planning cash gifts to avoid Inheritance Tax.
• Planning certain practicalities, such as funeral arrangements, the running of businesses, childcare arrangements, etc. so that your family do not have to make stressful decisions during a difficult time.

When there is no Will or planning of estate, the law will decide who gets what. If you are unmarried, your partner will not receive anything unless this is specifically put in your Will. Estate planning can also save huge amounts of money in terms of Inheritance Tax. It allows you to protect your assets from Inheritance Tax so that your family are not faced with a huge bill.

Intestacy and Who Will Inherit

When someone dies intestate (without a Will), their spouse or civil partner will inherit everything, unless there are surviving children. If there are surviving children, the partner will inherit:

• All the personal property and belongings of the deceased,
• The first £270,000 of the estate
• Half the remaining estate.

This means that in complex situations, family tree verification may be required to avoid wrongful distribution. This means that the deceased’s estate may go to more people than originally thought, like in Maradona’s case, where it is speculated that two more individuals are claiming that Maradona is their father. It also could lead to lengthy, unwanted legal battles where individuals can claim for misdistribution of the estate, or that they are entitled to a portion of the estate.

Here at Stella Maris Solicitors LLP, we advise always consulting an expert when it comes to planning for your death. This way, you can have peace of mind that your loved ones will be secure when you pass away and can avoid any claims against your Will. Stella Maris Solicitors LLP are an expert law firm with over a decade of legal experience based in Swindon and are always here to help. Telephone us today on 01793 296118 or email mail@stellamarissolicitorsllp.co.uk for more information or to book a consultation.