Also known as:general residuary clauses · residuary clause
Written by attorneys · grounded in primary & secondary sources — see below
A clause in a will that disposes of all property not specifically devised or bequeathed elsewhere in the instrument. The clause operates as a catch-all to prevent partial intestacy by directing any remaining assets to designated takers. Under applicable statutes a general residuary clause also serves as an alternative devise for a nonresiduary gift when the will expressly routes a lapsed or failed specific devise into the residue.
Sources & Authorities
How it applies
Common Examples
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Lapsed Specific Devise Redirected
George Garcia executed a will leaving his vacation cabin to his niece Gwen Gallagher if she survived him. The will further stated that if Gwen did not survive then the cabin should become part of the residue. George left the remainder of his estate to his brother Glenn Gross. Gwen died before George. The executor determined that the cabin passed to Glenn under the residuary clause because the will expressly created that destination upon Gwen's failure to survive.
Power of Appointment Exercised
Genevieve Gardner held a general testamentary power of appointment over trust assets. Her will contained a general residuary clause disposing of all her property to her children but made no specific reference to the power. The creating instrument contained no gift in default of exercise. The residuary clause therefore operated to exercise the power and the appointive property passed to her children along with her own assets.
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Uniform Acts
Restatements
Casebooks
Study Supplements
Hanson v. Denckla357 U.S. 235, 254 (1958)
Common questions
Frequently Asked
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When does a general residuary clause exercise a power of appointment?+
A general residuary clause expresses an intention to exercise a power of appointment only if the power is general and the creating instrument lacks an effective gift in default or the testator's will otherwise manifests an intention to include the appointive property.
Supporting sources
Does a general residuary clause always capture a lapsed nonresiduary devise?+
No. A residuary clause constitutes an alternative devise for a nonresiduary gift only when the will specifically provides that the nonresiduary devise passes under the residue upon lapse or failure.
Supporting sources
What happens if a will lacks a general residuary clause?+
Property not effectively disposed of by specific or other provisions passes by intestate succession to the decedent's heirs.
393 Mass. 754, 473 N.E.2d 1084Wills Trusts and Estates
…future assets were to consist solely of the proceeds of these policies and the property which would pour over under the will’s residuary clause. The judge found that the remaining trustee has never received any property or held any funds subsequent to the execution of the trust nor has he paid any trust taxes or filed any trust tax…