Wills, Estates & Probate

Residuary Estate

Also known as: residue, the residue of the estate

In plain English

Everything left over in an estate after debts, taxes, expenses and specific gifts have been paid out.

What it means

The residuary estate is what remains of a deceased person's assets after funeral and administration costs, debts, and all specific gifts and legacies have been satisfied. A will usually includes a residuary clause directing who receives this balance, the residuary beneficiaries. A well-drafted residue clause is important: if part of a will fails (for example, a gift lapses), that property typically falls into the residue. Without a valid residuary clause, any leftover assets may pass under intestacy rules.

How it's used

After the specific gifts were distributed, the residuary estate was divided equally among her three grandchildren.

Dealing with residuary estate in real life?

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