Partial Intestacy A person may have a will, but the will may not deal with all their assets - by mistake or not keeping the will up to date. Where this happens and the person dies they may be partially intestate. The will can deal only with the assets it mentions and the other assets may pass via the intestacy laws. A way to avoid this is to have a clause in the will to deal with the residue - everything that is left over after specific gifts have been made.