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Residuary

Residuary refers to something being left over. In terms of estate planning it can have several different meanings. It can refer to a residuary beneficiary. This is a person who receives the remaining property in a will that is not specifically left to anyone else. If a will specifies that John Doe is to receive the real estate on the beach and Jane Doe is to receive the remaining assets of the estate, Jane becomes the residual beneficiary, she received the remainder of the estate after specific bequests were made. Residuary can also be used when referring to the actual remaining property. The will could have simply stated that John Doe received the beach property and Jane Doe received all residuary property.

Fast Facts

  • If no residuary clause exists in a will the remaining property will be divided by intestate laws.
  • Modern law has the residuary law dividing any residuary property among remaining residuary beneficiaries if one or more beneficiaries fails to claim their residuary gift.

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