When a Zimbabwean in the UK Dies Without a Will: Intestacy, Probate and Family Disputes

Dying without a valid will — known legally as dying intestate — creates significant complications for any family. For Zimbabweans in the UK, those complications multiply: assets may span two countries, marriages may not be formally registered, customary expectations about inheritance can clash sharply with English law, and families separated by distance and circumstance can find themselves in protracted, costly disputes. ## How English Intestacy Rules Work When a Zimbabwean resident in England or Wales dies without a will, their UK-based estate is distributed according to the Rules of Intestacy under the Administration of Estates Act 1925 (as updated). The rules follow a strict hierarchy: - A surviving **married spouse or civil partner** inherits all personal property and belongings, plus the first **£322,000** of the estate. Anything above that threshold is split equally — half to the spouse, half divided among the children. - **Children** (including those born outside marriage) share equally in whatever portion falls to them. - **Unmarried partners** — regardless of how long the relationship lasted — receive **nothing** under intestacy rules. - **Stepchildren** who were not legally adopted receive nothing. - If there are no children, the spouse inherits the entire estate. - If there is no spouse and no children, the estate passes to parents, then siblings, then more distant relatives. - If no qualifying relatives can be found, the estate passes to the Crown (known as *bona vacantia*). These rules apply strictly. The courts have no discretion to deviate from them based on what the deceased may have wanted or what family members expected. ## Why This Creates Problems for Many Zimbabwean Families Several features of Zimbabwean family life do not map cleanly onto English intestacy rules. **Unregistered customary marriages.** Many Zimbabwean couples are joined through lobola and customary practice but never formally registered their union. Under English law, such a partner is not a legal spouse and inherits nothing under intestacy. The Human Rights Watch report *You Will Get Nothing* (2017) documented how this same problem affects widows within Zimbabwe itself — but for UK-based families, it can mean a long-term partner of 20 or 30 years is entirely excluded while distant biological relatives receive the estate. **Children from multiple relationships.** English intestacy law treats all biological and legally adopted children equally, regardless of whether they lived with the deceased or had any active relationship with them. A child the deceased had little contact with in Zimbabwe may inherit equally alongside children raised in the UK. This outcome, while legally correct, can be deeply painful and divisive. **Extended family expectations.** In Zimbabwean culture, particularly under customary norms, parents, siblings, and wider family members often expect to have a recognised claim on an estate. English intestacy law does not accommodate these expectations unless the spouse and children are absent entirely. **Assets in both the UK and Zimbabwe.** Where the deceased owned property or held bank accounts in Zimbabwe, English probate does not automatically govern those assets. Zimbabwean assets are subject to Zimbabwean law — specifically the Wills and Administration of Estates Act and the Intestate Succession Act. Administering estates across both jurisdictions requires legal representation in both countries and can significantly delay distribution to beneficiaries. ## The Probate Process in England and Wales Before any UK assets can be distributed, the family must obtain a **Grant of Letters of Administration** from the Probate Registry (since there is no will, this replaces the Grant of Probate that applies when a will exists). This grant legally authorises the administrator — usually the next of kin according to the intestacy hierarchy — to collect assets, pay debts, and distribute the estate. Key steps include: - Valuing all UK assets and liabilities - Submitting inheritance tax forms to HMRC (estates below the nil-rate band threshold of £325,000 may owe no tax, though additional thresholds may apply) - Applying to the Probate Registry - Once the grant is issued, collecting and distributing assets according to the intestacy rules The process typically takes several months and longer if the estate is contested or complex. Solicitors who specialise in cross-border estates — some specifically experienced in Zimbabwe and UK probate — can be invaluable. Firms such as Tann Law Solicitors have experience handling estates spanning Zimbabwe and the UK. ## Disputes and How They Arise Intestacy is a common trigger for family conflict. Typical disputes include: - A UK-based partner challenging their exclusion by making a claim under the **Inheritance (Provision for Family and Dependants) Act 1975**, which allows certain dependants to apply to court for reasonable financial provision even if they have no intestacy entitlement. Unmarried partners who lived with the deceased for at least two years immediately before death can make such a claim. - Relatives in Zimbabwe contesting the appointment of a UK-based administrator. - Disputes over whether Zimbabwean customary law should govern any part of the estate. - Conflicting claims between children from different relationships. Any dependant who believes they have been unfairly excluded should seek legal advice promptly — claims under the 1975 Act must generally be brought within **six months** of the Grant of Letters of Administration being issued. ## What Can Be Done to Avoid These Problems The single most effective step is making a valid will — ideally two wills, one governed by English law covering UK assets, and one governed by Zimbabwean law covering assets held in Zimbabwe. The Supreme Court of Zimbabwe confirmed in *Rogers v Rogers & Another* (2008) that a person can hold multiple valid wills covering different jurisdictions. Additional steps worth taking: - **Formalise the marriage.** A civil marriage registered under English law removes any ambiguity about a partner's entitlement. - **Keep an updated asset inventory** covering both countries, including bank accounts, property, pension nominations, and life insurance. - **Review pension and life insurance nominations** — these do not pass through the will or intestacy rules but are paid at the provider's discretion based on nominated beneficiaries. - **Seek legal advice** from a solicitor experienced in cross-border estates if assets exist in both the UK and Zimbabwe. Dying without a will in a cross-border context is rarely straightforward. For Zimbabwean families in the UK, where customary ties, unregistered relationships, and assets in two countries often intersect, the consequences can be severe and long-lasting.