Dying Without a Will in the UK: What Zimbabwean Families Need to Know About Intestacy, Next of Kin, and Cross-Border Estates

When a Zimbabwean living in the UK dies without a valid will, the consequences can be far more complicated than for a British national with straightforward family arrangements. The intersection of UK intestacy law, Zimbabwean inheritance rules, dual property ownership, lobola considerations, and customary family expectations creates a legal and emotional minefield that many families are completely unprepared for. **How UK Intestacy Law Works** In England and Wales, when someone dies without a will — known as dying intestate — their estate is distributed according to the Intestacy Rules set out in the Administration of Estates Act 1925, as amended. These rules follow a strict hierarchy that has no regard for customary arrangements, lobola, or extended family obligations. If the deceased was legally married and had children, the surviving spouse inherits the first £322,000 of the estate (as of 2023) plus all personal possessions outright. The remainder is split equally, with half going to the spouse and half divided equally among the children. If there are no children, the spouse inherits everything. If there is no spouse, the estate passes to children, then parents, then siblings, then more distant relatives — in that order. Critically, cohabiting partners — no matter how long they lived together — receive nothing under English intestacy law. This is a serious issue for many Zimbabwean couples who live together in the UK without formal marriage, sometimes because lobola negotiations are incomplete, a UK civil ceremony has been delayed, or the couple simply never prioritised the legal paperwork. **The Lobola and Customary Marriage Problem** A customary marriage conducted in Zimbabwe — including those sealed through lobola — is not automatically recognised under UK law unless it meets specific legal criteria. For the surviving partner to be treated as a spouse under UK intestacy rules, the marriage generally needs to have been formally registered. An unregistered customary union, even one widely recognised within the Zimbabwean community, will not protect a partner's inheritance rights in a UK court. This means a woman who has been a devoted partner for 15 years, has children with the deceased, and is acknowledged as his wife by both families, could find herself with no automatic legal claim to his UK assets — including the family home — if they were not legally married in the eyes of English law. **Assets in Zimbabwe** Any property or assets the deceased held in Zimbabwe are subject to Zimbabwean law, not English law. Zimbabwe follows its own Administration of Estates Act, and where customary law applies, inheritance may be governed by the Customary Marriages Act or the Deceased Estates Succession Act, depending on the nature of the union and the assets involved. For immovable property (land and houses) in Zimbabwe, the estate administration must be handled through the Master of the High Court in Zimbabwe. This is a separate process entirely from obtaining probate in the UK. Families often need to appoint a local executor or attorney in Zimbabwe to manage this concurrently — adding cost, delay, and complexity at an already difficult time. Bank accounts held in Zimbabwe will be frozen upon death and released only following proper administration through Zimbabwean courts. RTGS or ZiG-denominated accounts, USD accounts, and any shares held on the Zimbabwe Stock Exchange all fall into this category. **Who Administers the Estate?** In the UK, if there is no will, a close relative must apply to the Probate Registry for a Grant of Letters of Administration before they can legally deal with the estate. Priority for this role follows the same hierarchy as inheritance: spouse first, then children, then parents, and so on. The process can take several months and involves filing a detailed inventory of the deceased's UK assets and liabilities. If the estate is modest — generally under around £5,000 in total — some banks and institutions may release funds without probate, but this is discretionary. **Practical Steps Families Should Take** The most important step any Zimbabwean in the UK can take is to make a valid will as soon as possible. A UK will should explicitly address UK assets. A separate Zimbabwean will, drafted by a Zimbabwean attorney, should address any property or assets held there. Keeping the two separate avoids conflicts between jurisdictions. For those in customary or unregistered unions, formalising the marriage legally — either through a civil ceremony in the UK or ensuring the Zimbabwean customary marriage is properly registered — is essential to protecting a partner's rights. Families should also ensure that any nominated beneficiaries on pension schemes, life insurance policies, and death-in-service benefits are kept up to date, as these assets typically pass outside of a will and outside of intestacy rules entirely. Seeking advice from a solicitor experienced in cross-border or international estates is strongly recommended where both UK and Zimbabwean assets are involved.