Residuary estate

Residuary estate

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. 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". 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.


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Look at other dictionaries:

  • residuary estate — see estate 3a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. residuary estate …   Law dictionary

  • residuary estate — That which remains after debts and expenses of administration, legacies, and devises have been satisfied. That portion of person s estate which has not otherwise been particularly devised or bequeathed. It consists of all that has not been… …   Black's law dictionary

  • residuary estate — That part of an estate of a testate decedent which remains after discharging all legal and testamentary claims of the estate or, in other words, that which is left after the payment of charges, debts, and particular legacies and devises. 57 Am… …   Ballentine's law dictionary

  • residuary estate — remainder of an estate, balance of an estate (usually the majority that remains after dividing properties as stated and payment of debts, expenses and taxes) …   English contemporary dictionary

  • residuary estate — noun Any portion of the testators estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails (for example, due to the death of the intended beneficiary preceding that of the… …   Wiktionary

  • residuary estate — /rəzɪdʒuəri əˈsteɪt/ (say ruhzijoohuhree uh stayt) noun Law that which remains of a testator s or intestate s estate when all liabilities have been discharged. Also, residue …  

  • residuary estate — noun : the residue of a testator s estate …   Useful english dictionary

  • estate — es·tate /i stāt/ n [Anglo French estat, literally, state, condition, from Old French, from Latin status, from stare to stand] 1: the interest of a particular degree, nature, quality, or extent that one has in land or other property compare fee;… …   Law dictionary

  • residuary — re·sid·u·ary 1 /ri zi jə ˌwer ē/ adj: of, relating to, consisting of, or constituting a residue residuary 2 n pl ar·ies 1: residue 2 …   Law dictionary

  • residuary gift — A legacy or devise bequeathed by the residuary clause of a will. A legacy or devise of the residuary estate or of a part of the residuary estate. 57 Am J1st Wills § 1415. See residuary clause; residuary estate …   Ballentine's law dictionary

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