Dying Without a Will in the UK: Intestacy Rules and What They Mean for Zimbabwean Families

When a Zimbabwean resident in the UK dies without a valid will, their estate is distributed according to English intestacy rules — a legal framework that can produce outcomes very different from what Zimbabwean families expect. Understanding these rules matters enormously, both for planning ahead and for navigating what can be an emotionally and financially difficult situation. **The Rules of Intestacy in England and Wales** Under the Administration of Estates Act 1925, as amended by the Inheritance and Trustees' Powers Act 2014, the estate of someone who dies without a will passes in a strict legal order. The deceased's spouse or civil partner takes priority. If the estate is worth more than £322,000 (as of 2023), the spouse receives the first £322,000 plus all personal possessions outright, and half of the remainder. The surviving children share the other half equally. If there is no spouse or civil partner, the entire estate passes to children in equal shares. If there are no children, it moves to parents, then siblings, then half-siblings, and so on down a hierarchy of relatives. A long-term partner who is not married or in a civil partnership has no automatic legal right to inherit anything under English intestacy law — regardless of how many years the couple lived together. This catches many Zimbabwean families off guard, particularly where cultural norms around informal unions or lobola-based relationships are involved. **How This Affects Zimbabwean Families** For many Zimbabweans in the UK, family structures do not map neatly onto English legal categories. A man may have children in Zimbabwe from a prior relationship, a current partner in the UK whom he never legally married, and siblings back home expecting to inherit according to customary expectations. Under English law, the UK-based unmarried partner receives nothing, the Zimbabwe-based children may inherit significant shares, and the siblings receive nothing if children survive. Conversely, if the deceased has a legal spouse — even one estranged and living in Zimbabwe — that spouse retains full inheritance rights under English intestacy rules unless a formal divorce was finalised. A UK-based partner who considered themselves the deceased's primary family may find they have no legal standing at all. **Applying for Letters of Administration** Without a will, there is no named executor. The person who wants to deal with the estate must apply for a Grant of Letters of Administration from the Probate Registry. The right to apply follows the same priority order as inheritance: spouse first, then children, then other relatives. This process involves submitting a PA1A application form, an inheritance tax form (IHT205 or IHT400 depending on estate size), and paying the probate fee, currently £273 for estates over £5,000. Solicitors specialising in estate administration can assist, though their fees reduce the estate. **Inheritance Tax Considerations** Estates above the nil-rate band of £325,000 (as of 2023–24) are subject to inheritance tax at 40% on the excess. Additional allowances apply — notably the residence nil-rate band of up to £175,000 where a property passes to direct descendants. Spouses and civil partners inherit tax-free regardless of amount. No inheritance tax exemption applies to unmarried partners. **Assets in Zimbabwe** If the deceased held property or bank accounts in Zimbabwe, those assets are not governed by English law. Zimbabwean courts apply their own succession laws, and a separate process under Zimbabwean jurisdiction is required. The Administration of Estates Act (Chapter 6:01) governs estate administration in Zimbabwe, and the Master of the High Court has oversight of intestate estates there. Families dealing with cross-border estates often need legal representation in both countries. **Practical Steps for Zimbabwean Families** The most effective protection is making a valid will. A will allows explicit naming of beneficiaries, appointment of an executor (which can be a trusted family member or solicitor), and inclusion of instructions regarding repatriation or burial preferences. Cohabiting partners in particular should prioritise this. Wills can also include a mirror will for a partner, ensuring both estates align. For those already dealing with an intestate death, Citizens Advice and organisations such as Inquest or local law centres can provide initial guidance. Many solicitors offer a free first consultation. Probate solicitors familiar with Zimbabwean diaspora matters occasionally advertise within community networks in Harare diaspora Facebook groups, churches, and Zimbabwean community associations across UK cities. A will drawn up correctly costs between £100 and £300 through most solicitors — a small sum relative to the disputes and heartbreak that intestacy can cause.