A residuary clause is a will provision that disposes of property remaining after specific gifts, debts, expenses, and other transfers are handled.
The remaining property is often called the residue or residuary estate.
Why a residuary clause matters
Without a residuary clause, property not specifically given away may pass by intestate succession or create avoidable disputes.
The clause acts as a catch-all for later-acquired assets, forgotten property, failed gifts, or assets not described elsewhere in the will.
Where a residuary clause appears
Residuary clauses appear in wills, probate filings, estate inventories, executor instructions, beneficiary disputes, and estate accounting.
They are often placed after specific bequests and before administrative provisions.
How it differs from nearby terms
A bequest is a gift made in a will. A residuary clause distributes what remains after specific bequests and obligations.
Beneficiary designations may transfer certain accounts outside the will, while a residuary clause handles property governed by the will.
Practical example
A will gives a car to one child and a collection to another, then says all remaining property goes equally to two beneficiaries. That final catch-all provision is the residuary clause.
Related Terms
Quick check
Question: What does a residuary clause usually cover?
Answer: Property remaining after specific gifts, debts, expenses, and other transfers are addressed.