The effects of Partial Intestacy

23 October 2020


This blog is about the question of partial intestacy. If you come across a will (not one that you drafted of course) and there is no residue clause, then, this is a case of partial intestacy. Just a reminder what to do in this case. This is a normal probate case. It is not a will annexed case (as long as the executor is still alive or able to act). The will is submitted to probate in the normal way and a grant will issue (I’ve just done one!). The estate is administered in the normal way, in that the assets are divided out in accordance with the bequests in the written part of the will. The residue is distributed in accordance with the rules on intestacy. There is no need to take out separate letters of administration for this. The executor distributes the residue in accordance with the rules of intestacy, but as executor appointed under the will.