Dying Without a Will in the UK: Intestacy, Probate, and Cross-Border Estate Issues for Zimbabweans

When a Zimbabwean living in the UK dies without a valid will — known legally as dying intestate — the distribution of their estate is governed by strict rules that may bear no resemblance to what the deceased would have wished, or to the expectations of family members back in Zimbabwe. Understanding how intestacy works in England and Wales, and how it intersects with Zimbabwean family and property law, is essential for anyone with assets or dependants on both sides of the world. **The UK Intestacy Rules** In England and Wales, intestacy is governed by the Administration of Estates Act 1925 and the Inheritance and Trustees' Powers Act 2014. The rules establish a strict hierarchy of who inherits. A surviving spouse or civil partner receives the first £322,000 of the estate (as of 2023), all personal possessions, and half of anything above that threshold. The other half of the remainder passes to the deceased's children equally. If there is no spouse or civil partner, children inherit everything in equal shares. Parents, siblings, and more distant relatives only inherit if there is no surviving spouse or children. Critically, unmarried partners — no matter how long-standing the relationship — receive nothing under intestacy rules. This is a significant issue for Zimbabwean families where lobola may have been paid and a union is considered fully legitimate by custom, but no civil marriage was registered in the UK or Zimbabwe. **The Probate Process in England and Wales** Before any assets can be distributed, someone must obtain a Grant of Letters of Administration from the Probate Registry. This is the intestacy equivalent of a Grant of Probate (which applies when there is a will). The application is typically made by the next of kin in the hierarchy described above. The process involves submitting a PA1A form, an Inheritance Tax return (even if no tax is due), and a death certificate. Fees are currently £273 for estates over £5,000. The process can take several months, and until the grant is issued, bank accounts are frozen and assets cannot be transferred. If the deceased had property in Zimbabwe, English probate does not automatically cover those assets. A separate process under Zimbabwean law will be required. **Zimbabwe's Intestacy Framework** In Zimbabwe, intestacy is governed by the Administration of Estates Act (Chapter 6:01) and the Deceased Persons Family Maintenance Act. For Zimbabweans who married under customary law or whose estate includes immovable property in Zimbabwe, the rules can be markedly different. The Deceased Estates Succession Act (Chapter 6:02) was reformed significantly, and surviving spouses — including those in customary marriages — now have stronger inheritance rights than historically. Zimbabwe property must go through the Master of the High Court's office in Zimbabwe. The estate is registered with the Master, an executor (or administrator) is appointed, and creditors are notified. This is an entirely separate procedure from UK probate and runs in parallel. Family members in Zimbabwe will need to engage a Zimbabwean lawyer to navigate this process. **Key Complications for Diaspora Families** Several real-world complications arise frequently in this situation. First, family property in Zimbabwe — including rural land or a house registered in the deceased's name — cannot be transferred using UK probate documents alone. A Zimbabwean estate must be opened regardless of what happens in the UK. Second, children born in Zimbabwe to a previous partner, or children not formally recognised in the UK, may have inheritance rights under Zimbabwean law but face difficulties being included in UK proceedings, particularly if paternity or the existence of the children is disputed. Third, money held in Zimbabwean bank accounts, including EcoCash wallets or RTGS accounts, forms part of the Zimbabwean estate, not the UK estate. UK administrators have no authority over these funds. Fourth, where the deceased held joint assets — such as a jointly owned UK property — the jointly owned portion typically passes to the surviving joint owner outside of the estate entirely, regardless of any intestacy rules. **What Families Should Do** Any Zimbabwean living in the UK with assets, property, or dependants in either country should make a will — ideally two separate wills, one governed by English law for UK assets and one governed by Zimbabwean law for Zimbabwean assets. This avoids the intestacy rules entirely and ensures wishes are respected on both sides. For those already dealing with an intestate death, engaging a solicitor in the UK experienced in international estates and a registered legal practitioner in Zimbabwe simultaneously will save significant time and cost. The two probate processes do not need to complete in sequence; they can run concurrently.