A provision in a will disposing of all property not otherwise specifically bequeathed, after payment of debts, taxes, and expenses. The residuary clause acts as a catchall, ensuring every asset is distributed and preventing partial intestacy. Typically begins with language like "I give the rest, residue, and remainder of my estate..."
The residuary clause is the "everything else" part of your will. After you've listed specific gifts ("my car to John, $5,000 to Mary"), the residuary clause says what happens to everything else you own. It's the catchall that makes sure nothing is left unaccounted for.
⏱ When you'll encounter this term
- Reviewing or drafting a will
- Discovering assets not specifically mentioned in will
- Estate planning to ensure all assets are distributed
- Disputes about whether an asset was specifically bequeathed
"Mum's will had specific gifts listed, then ended with a residuary clause: 'I give all the rest, residue, and remainder of my estate to my children in equal shares.' When we found a bank account she'd opened after making the will, it went to us through the residuary clause."
⚖️ Compare: With vs Without Residuary Clause
All assets distributed according to will. Nothing falls to intestacy. Covers forgotten or after-acquired assets.
Assets not specifically mentioned pass under intestacy laws. Partial intestacy. Unintended results possible.
💡 Did you know?
The residuary clause is often the most important part of a will because it typically disposes of the bulk of the estate—the specific gifts are often sentimental items while the residuary clause covers all the valuable assets like property, investments, and savings.