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Wills, trusts and estates
Part of the common law series
Wills
Legal history of wills
Joint wills and mutual wills
Will contract
Codicil
Holographic will
Oral will
Sections
Attestation clause
Residuary clause
Incorporation by reference
Contest
Testamentary capacity
Undue influence
Insane delusion
Fraud
No-contest clause
Property disposition
Lapse and anti-lapse
Ademption
Abatement
Satisfaction of legacies
Acts of independent significance
Elective share
Pretermitted heir
Trusts
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Resulting
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Common types
Bare
Discretionary
Accumulation and maintenance
Interest in possession
Charitable
Purpose
Incentive
Other types
Protective
Spendthrift
Life insurance
Remainder
Life interest
Reversionary interest
Testamentary
Honorary
Asset-protection
Special needs
Supplemental needs
Governing doctrines
Pour-over will
Cy-près doctrine
Hague Convention (conflict law)
Application in civil law
Dishonest assistance
Estate administration
Intestacy
Testator
Probate
Power of appointment
Simultaneous death
Slayer rule
Laughing heir
Advancement
Disclaimer of interest
Inheritance tax
Related topics
Advance directive (Living will)
Blind trust
Forced heirship
Totten trust
Other common law areas
Contract
Tort
Property
Criminal law
Evidence
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A residuary estate, in the law of wills, is any portion of the testator's estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails.[1] It is also known as a residual estate or simply residue.
The will may identify the taker of the residuary estate through a residuary clause or residuary bequest. The person identified in such a clause is called the residuary taker, residuary beneficiary, or residuary legatee. Such a clause may state that, in the event all other heirs predecease the testator, the estate would pass to a charity (that would, presumably, have remained in existence).
If no such clause is present, however, the residuary estate will pass to the testator's heirs by intestacy.
At common law, if the residuary estate was divided between two or more beneficiaries, and one of those beneficiaries was unable to take, the share that would have gone to that beneficiary would instead pass by intestacy, under the doctrine that there was no residuary of a residuary. The modern rule, however, is that the failure of a residuary gift to one beneficiary causes that beneficiary's share to be divided among the remaining residuary takers.
^"Residuary Estate". Wex. Cornell Law School. Retrieved 16 December 2017.
A residuaryestate, in the law of wills, is any portion of the testator's estate that is not specifically devised to someone in the will, or any property...
2004. That amendment called for Astor's real estate to be sold and the proceeds added to her residuaryestate. An earlier amendment, also made in 2004, which...
resulting trusts for the testator's residuaryestate. Some famous English trust law cases were on behalf of the residuary legatees under a will seeking to...
step-daughters Margaret Rutherfurd Mills and Barabara Rutherfurd Hatch The ResiduaryEstate in Equal Shares to his sons William K. Vanderbilt Jr and Harold S....
child (her grandchild) $100,000. She leaves her residuaryestate (i.e., whatever else is left of the estate) to her daughter. If the son kills his mother...
Probate – legal process of settling the estate of a deceased person. Residuaryestate - the portion of an estate remaining after the payment of expenses...
African Sands and Mines Ltd. and the residuaryestate. Champion de Crespigny was named co-executor of her estate with the Central Union Trust Company...
If the cash in the testator's estate is not sufficient to satisfy the gift, then other assets in the residuaryestate will need to be sold to raise the...
by Surrogate Fowler, disposes of an estate estimated at between $25,000,000 and $30,000,000. The residuaryestate of about $20,000,000 goes to the Carnegie...
Rockefeller family, and Standard Oil. On his death in 1918, Sterling left a residuaryestate of $15 million to Yale, at the time the "largest sum of money ever...
duties. Subjects not mentioned in any of the three lists are known as residuary subjects. However, many provisions in the constitution outside these lists...
$5,000,000 and the Oakland Farm Estate to Alfred's oldest son William H. Vanderbilt III, with the residuaryestate being split between his two younger...
he founded the C. V. Starr Foundation, to which he left his entire residuaryestate, after a small amount in the eight figures along with his home in Brewster...
made the college one of the heirs of his property in 1939: "All my residuaryestate including the corpus that may fall after the lapse of life interest...
document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence...
to each of his four grandsons (in addition to the real estate) and left the residuaryestate to his only surviving son, Alfred. Through his son Alfred...
her residuaryestate to Thomas Harrison, with the expression of confidence that if he died without issue, he would leave the bulk of her estate to William...
legacies. The order of abatement is usually: Intestate property The residuary of the estate General Devises—i.e., cash gifts Demonstrative Devises—i.e., cash...
left her Oriental miniatures to the Fogg Museum. Her residuaryestate of $850,848, minus estate taxes of $250,000, was donated to the MoMA. A number of...
bequeathed to his son the sum of £19,000 which was his share of the residuaryestate, money that would not be his to spend until reaching the age of 25...
Order was made on 15 August 1923, and her estate was appraised at approximately $37,000, with the residuaryestate being split equally between Ellen's four...
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