Legal
What happens to a Zimbabwean's UK estate if they die without a will (intestacy rules)
Last updated 12 November 2026
General information only, not legal advice. Rules and requirements change; check the relevant official source before acting.
Dying "intestate" (without a valid will) in England and Wales means your estate is distributed according to a fixed legal order under Section 46 of the Administration of Estates Act 1925, not according to what your family considers fair or what you may have intended. This matters greatly for Zimbabwean families in the UK, especially where marriages are customary, unregistered, or where partners are unmarried but long-term.
The order of priority is: spouse or civil partner first; then children (including adopted children, but not stepchildren unless legally adopted); then parents; then siblings (a deceased sibling's share passes to their children); then half-siblings; then grandparents; then aunts and uncles (and their children if they have died); then half-aunts and uncles. If no relative in this chain can be found, the estate passes to the Crown as "bona vacantia" (ownerless property). Note that Scotland and Northern Ireland have their own separate intestacy rules.
Crucially, unmarried partners inherit nothing under intestacy, regardless of how long the relationship lasted or how financially dependent they were. This is a particular risk for Zimbabweans whose relationships were formalised only through customary processes back home (such as paying roora/lobola) but never registered as a UK marriage or civil partnership — English law does not recognise "common law marriage," so such a partner has no automatic right to the estate.
The person entitled under the intestacy rules must apply for Letters of Administration (rather than a Grant of Probate, which applies when there is a will) before they gain legal authority to manage and distribute the estate. A solicitors' report has flagged over 170 cases of people of African descent whose UK estates were classed as bona vacantia because no will existed and no next of kin came forward — often because families back home simply did not know a relative abroad had died, or were unaware of assets held in the UK.
For Zimbabweans with property or savings in both the UK and Zimbabwe, a UK will does not automatically govern Zimbabwean assets, and a will written without Zimbabwean succession law in mind can create ambiguity. Specialist advice on drafting a will (and, where relevant, a trust) covering both jurisdictions is strongly advised to ensure assets reach intended beneficiaries rather than being distributed by default statutory formulas.
Sources: https://www.higgsllp.co.uk/articles/who-can-inherit-if-theres-no-will-the-rules-of-intestacy, https://farewill.com/articles/what-is-next-of-kin, https://www.poolealcock.co.uk/insights/news/what-and-who-is-a-next-of-kin, https://www.linkedin.com/pulse/safeguarding-diaspora-wealth-zimbabweans-abroad-nyatsanga-pcg7f, https://www.propzone.co.zw/en/knowledge-base/legal-finance/zimbabwean-property-inheritance-diaspora-death-abroad