A situation where a person dies with a valid will but the will does not dispose of all of the deceased's property. The property covered by the will passes according to the will's terms, while the remaining property passes according to intestacy laws. Commonly occurs when a will lacks a residuary clause or when specific gifts fail.
When you die with a will, but your will doesn't cover all your property. Part of your estate follows the will, and part follows intestacy laws. Usually happens by accident when the will says "I leave my house to my daughter and my car to my son" but doesn't say what happens to bank accounts, shares, jewelry, and everything else. A residuary clause ("I leave the rest of my estate to...") prevents this problem.
⏱ When you'll encounter this term
- Wills missing a residuary clause
- Gifts in a will that fail (beneficiary died, property sold)
- DIY wills that only mention specific items
- Estate administration with incomplete wills
- Unintended consequences from poorly drafted wills
"Dad's will left his house to me and $10,000 to my sister, but didn't mention what happens to everything else. His $200,000 in bank accounts and shares went by partial intestacy to both of us equally under the law, not according to his will."
💡 Did you know?
A simple residuary clause—"I leave the rest of my estate to my children in equal shares"—prevents partial intestacy entirely. Every properly drafted will should have one. Without it, property you thought was going to specific people might end up distributed according to intestacy laws instead.