Partial Intestacy Law and Legal Definition

Partial intestacy is the condition of the estate of a testate decedent in reference to property owned by him but not disposed of by the will.

The presumption against partial intestacy arises only where the intention to pass the whole estate is expressed in some form, and it cannot avail where the language used by the testator is plain and unambiguous. The rule against partial intestacy must yield where the testator failed to provide in the will the person to take his estate. [Wolkewitz v. Wood, 216 S.W.2d 611 (Tex. Civ. App. 1948)].