When Intestacy Strikes

The recent auction of George Michael memorabilia provides a striking warning about the consequences of dying without a valid Will, particularly where a marriage has broken down but the divorce has not been finalised.  The collection belonged to Siobhan Bailey, George Michael’s long-standing personal assistant and trusted confidante.  She worked with him for more than 20 years and accumulated photographs, presentation discs, tour material and personal mementoes documenting his career from Wham! to international solo success.  Siobhan Bailey died unexpectedly in 2014, aged 56.  Reports state that she was estranged from her husband, Ian Belcher, and was going through divorce proceedings, but remained legally married when she died. She had not completed a Will and her estate passed to her husband. 

On 29 October 2026, 32 lots from Siobhan Bailey’s collection under the title Faith & Fame: A Personal George Michael Collection were auctioned. 

The items included:

• the Gretsch Synchromatic guitar used by George Michael in the 1987 Faith video;
• 49 photographs of Wham! and George Michael, many taken by Siobhan Bailey;
• tickets, passes, invitations and tour programmes; and
• signed photographs and personal correspondence.

The Faith guitar sold for £180,000. The 32 lots realised £238,000 in total, excluding buyers’ premium.

The auction was strongly opposed by Siobhan Bailey’s family.  Her brother said that she would have been horrified by the sale of her cherished possessions.  He claimed that she had intended to leave the memorabilia to her nieces and nephews and had been preparing to make a Will.  However, that Will was never completed. There is no suggestion that Ian Belcher acted unlawfully in selling property which he had inherited.  That is precisely why the case is so important. The legal outcome may bear little resemblance to what the person who died would actually have wanted.

In England and Wales, separation does not ordinarily end a spouse’s entitlement under the intestacy rules. A couple may live apart, have separate finances and even be progressing divorce proceedings, but they remain married until the court makes the final divorce order.  If one spouse dies without a valid Will before then, the estranged surviving spouse may still inherit.  Where the deceased leaves no children or other descendants, the surviving spouse normally receives the whole intestate estate.  Where there are children or other descendants, the spouse receives the personal possessions, the statutory legacy, currently £322,000, and half of the remaining estate. The descendants share the other half. 

A formal judicial separation order can affect the surviving spouse’s intestacy entitlement, but merely separating or entering into a separation agreement does not have that effect.  Once a divorce is finalised, a former spouse has no entitlement under the intestacy rules. 

The dispute also shows why a Will should address personal possessions carefully.  An estate is not limited to property, savings and investments.  It can include jewellery, photographs, letters, collections, family heirlooms and items carrying significant emotional or historical value.  Without clear instructions in a Will, those possessions may pass to someone whom the deceased would not have chosen. Once inherited, the new owner may generally keep, give away or sell them, regardless of the wishes expressed informally by the deceased during their lifetime.  And telling relatives what you want is not enough. Nor is intending to make a Will at some later date.  Until a Will is properly prepared, signed and witnessed, the intestacy rules may determine who inherits.

Anyone who has separated should review their Will immediately rather than waiting for the financial settlement or divorce to be finalised.  A new Will can specify:

• who should administer the estate;
• who should inherit money, property and investments;
• who should receive particular sentimental possessions;
• how children or other dependants should be provided for; and
• what should happen if a chosen beneficiary dies first.

A Will should then be reviewed again once the divorce and financial arrangements are complete.  The lesson from Siobhan Bailey’s estate is simple: relationships can end long before the legal marriage does. Unless you make a valid Will, the law may give your estate to someone you no longer wish to benefit.