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

Dying without a valid will — known legally as dying intestate — creates significant complications for any family. For Zimbabweans in the UK, those complications multiply when there are assets, property, or family members on both sides of the world. Understanding how English intestacy law works, how it interacts with Zimbabwean law, and what practical steps families face is essential knowledge that too few people have until they urgently need it. ## How English Intestacy Rules Work When a Zimbabwean resident in England or Wales dies without a will, their estate is distributed according to the Rules of Intestacy under Section 46 of the Administration of Estates Act 1925, as significantly amended by the Inheritance and Trustees' Powers Act 2014. The rules operate on a strict order of priority: **If there is a surviving spouse or civil partner:** They inherit everything if the deceased had no children. If there are children, the spouse inherits all personal possessions plus the first £322,000 of the estate outright, and half of anything above that threshold. The children split the remaining half equally. A spouse must survive the deceased by at least 28 days to inherit — if they die within that period, they are treated as having not survived. **If there is no surviving spouse:** Children inherit the entire estate in equal shares, regardless of the estate's value. If a child has already died but had children of their own, those grandchildren step into their parent's share. **Further down the order:** If there are no children, the estate passes to parents, then siblings, then half-siblings, then grandparents, then aunts and uncles — each class only inheriting if there is no one in the class above them. Two groups commonly found in Zimbabwean family structures receive nothing under English intestacy rules: **unmarried partners** and **step-children who were not legally adopted**. A partner of many years, regardless of how long the relationship lasted or how financially intertwined their lives were, has no automatic right of inheritance. They may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires legal action and is not guaranteed. ## Applying for Probate Without a Will To legally deal with the deceased's UK estate — closing bank accounts, selling property, transferring assets — someone must apply for 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 most entitled person under the intestacy rules applies first. If they do not wish to administer the estate, they can appoint someone else using form PA12 (power of attorney for probate purposes) or permanently renounce their right. Before applying, the estate must be valued, and Inheritance Tax obligations assessed. The application is made online or by post to HMCTS Probate. Estate administration can take months, and larger or more complex estates — particularly those with assets in multiple countries — routinely take a year or more. ## Where It Gets Complicated: Assets in Zimbabwe For many Zimbabweans in the UK, there are assets at home too — a house, land, savings, cattle, a share in a family business. This is where cross-border estate law becomes genuinely complex. English intestacy rules govern **moveable assets** (money, personal property) of someone domiciled in England and Wales. However, **immovable property** — land and buildings — is governed by the law of the country where it is located. Zimbabwean property in an intestate estate is therefore subject to Zimbabwean law, not English law. In Zimbabwe, the **Deceased Estates Succession Act [Chapter 6:02]** governs intestate succession. Under Section 3A, a surviving spouse is entitled to inherit the matrimonial home and household effects from the estate of a person who died intestate on or after 1 November 1997. Beyond that, distribution follows a legal framework that attempts to balance spousal and children's rights, though the practical reality — particularly for widows — has historically been far more difficult. Human Rights Watch documented extensively in 2017 how property grabbing by the deceased's wider family remains a serious problem in Zimbabwe, with widows frequently dispossessed of homes and assets despite legal protections nominally being in place. A widow based in the UK may find that property in Zimbabwe has been seized by in-laws before any formal legal process has run its course, especially if she is not physically present to assert her rights. To protect assets in Zimbabwe, families should engage a Zimbabwean lawyer — preferably before any dispute arises — and register any relevant claims with the **Master of the High Court** in Zimbabwe, which oversees estate administration there. ## Death Registration and Documentation If the deceased died in the UK, the death is registered here in the normal way. A UK death certificate is generally sufficient for probate and most legal purposes. There is no requirement to re-register the death in Zimbabwe. If the deceased died in Zimbabwe — for instance while visiting family — the death must be registered with Zimbabwe's **Registrar General's Office**, typically within one working week. Documents required include a photographic ID for both the deceased and the person registering, and either a BD12 form (for deaths in private medical institutions) or a BD11 form from police (for deaths at home). The FCDO also offers an optional UK Consular Death Registration certificate through the Overseas Registration Unit, which produces a UK-style record. ## The Practical Lesson: Make a Will For Zimbabweans with assets, dependants, or family connections spanning two countries, intestacy is not a neutral outcome — it is an outcome that may leave an unmarried partner with nothing, divert assets away from intended beneficiaries, and trigger a lengthy legal dispute across two jurisdictions simultaneously. A valid will in the UK, clearly identifying all assets including those held abroad, naming an executor, and making specific provision for dependants who would otherwise fall outside the intestacy rules, is the single most effective step any Zimbabwean in the UK can take to protect their family. Zimbabwean law also permits wills under the Wills Act [Chapter 6:06], and for those with significant assets in Zimbabwe, a separate Zimbabwean will dealing specifically with that property is advisable. Solicitors in the UK who handle cross-border estates — often called international or private client lawyers — can advise on how to structure wills across both jurisdictions to avoid conflicts between the two legal systems.