What does residuary estate mean?
Find answers to your legal question.
What does residuary estate mean?
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SimonC
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This relates to the property that you leave in your will. It refers to all the property that has not been left to someone as a specific gift, including any gifts that fail for some reason.
For example, you have a house, a car and £50,000 in the bank when you die. In your will you leave:
My house to my sister.
My car to Uncle Fred.
£10,000 to my son Tom.
This leaves £40,000 which would be the residuary. If Uncle Fred had already died that gift would fail. In this case the car would also be part of the residuary.
It is good will writing practice to include a gift of the residuary to ensure that your will gets rid of everything. EG, I leave the residuary to second cousin Jane. |
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Leafy Tree
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Definition:
The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn’t name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue. |
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