Also known as: residues · residua · residual · residuals · residuary · residuum · remainder · residuary estate
Written by attorneys · grounded in primary & secondary sources — see below
The portion of a testator's estate remaining after payment of debts, expenses, and specific devises and bequests. A residuary clause in a will directs this portion to designated beneficiaries. If no such clause exists or it fails, the residue passes by intestacy or other default rules.
Raphael Rivera signed a will leaving specific bequests to friends. After debts and expenses were paid the court directed the remaining assets under the residuary clause to the designated beneficiary allowing the estate to close without intestacy.
Rita Russell created a trust leaving an outright remainder to her disabled grandson Ricardo Rojas. Because circumstances had changed, the court modified the trust to convert the remainder into a special needs trust, preserving assets for Ricardo while fulfilling the settlor's intent.
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Rajesh Rao's will left his vacation home to his brother but included a residuary clause directing all remaining property to his daughter Ruby Rivera. When the brother predeceased Rajesh, the lapsed devise fell into the residue and passed to Ruby under the clause.
Raymond Ramos's will directed specific bequests to family members and left the residue of his estate to Reliance Insurance to fund a charitable trust. After debts and specific gifts were paid, the remaining assets passed under the residuary clause to establish the trust.
Redline Automotive's founder left a will with specific legacies to employees but no residuary clause. After the specific gifts and expenses were satisfied, the remaining assets passed by intestacy to his heirs rather than under any will provision.
Radiance Media devised the residue of its holdings to a development trust. The remaining parcels passed under the will but remained subject to limits that restricted their use.
The remaining assets after specific gifts pass by intestacy to the testator's heirs. Courts apply default rules of descent and distribution when no clause directs the residue.
Yes, unless the will provides otherwise. Under the Uniform Probate Code, a residuary clause serves as an alternative devise for lapsed nonresiduary gifts when the will so provides.
Yes, when unanticipated circumstances arise. A court may convert an outright remainder into a special needs trust if the change furthers the settlor's purposes and preserves assets for the beneficiary.
A pour-over clause directs the residue into a trust. The property becomes part of the trust and is administered under its terms, including amendments made before or after the testator's death, unless the will states otherwise.
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