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- A residuary clause in a will specifies how the remaining assets and property should be distributed after specific bequests have been made. Here are some examples of residuary clauses:
- "I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to …"1
- "I leave all of my residuary estate to my wife, Mary Smith." In this example, Mary would receive everything left over in her late husband’s estate after everything else in the will is probated. Thus, Mary would be the residual beneficiary.2
- "I give all of the rest, residue, and remainder of my estate, both real and personal property, of whatever kind and wherever situated, to my spouse, Lee Smith. If Lee Smith does not survive me, I give all of the rest, residue, and remainder of my estate to my child, Pat Smith."3
- "I give the rest of my estate (called my residuary estate) to my husband, Tex. If he does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to be divided among them and the descendants of a deceased child of mine, to take their ancestor's share per stirpes."4
- "I give, devise, and bequeath all the rest, residue, and remainder of my estate, real and personal, of whatever nature and wherever situated, to [Name of Beneficiary], if they survive me. If [Name of Beneficiary] does not survive me, I give, devise, and bequeath the residue to [Name of Contingent Beneficiary]."5
Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.The following is an example of a residuary clause: “I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to …”www.classlawblog.com/residuary-clause-example/An example of a residuary clause is: “I leave all of my residuary estate to my wife, Mary Smith.” In this example, Mary would receive everything left over in her late husband’s estate after everything else in the will is probated. Thus, Mary would be the residual beneficiary.ptmlegal.com/blog/why-every-will-needs-a-residuar…A residuary clause in a will might say something like: “I give all of the rest, residue, and remainder of my estate, both real and personal property, of whatever kind and wherever situated, to my spouse, Lee Smith. If Lee Smith does not survive me, I give all of the rest, residue, and remainder of my estate to my child, Pat Smith.”www.formyplan.com/what-is-a-residuary-clause/"I give the rest of my estate (called my residuary estate) to my husband, Tex. If he does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to be divided among them and the descendants of a deceased child of mine, to take their ancestor's share per stirpes."www.findlaw.com/estate/wills/sample-basic-will-an…Examples of Residuary Clause Wording “I give, devise, and bequeath all the rest, residue, and remainder of my estate, real and personal, of whatever nature and wherever situated, to [Name of Beneficiary], if they survive me. If [Name of Beneficiary] does not survive me, I give, devise, and bequeath the residue to [Name of Contingent Beneficiary].lsalawyers.com/2024/02/all-about-residuary-clauses/ SAMPLE PROVISION - Pour over Will. XX : All the residue of my estate, both real and personal and wheresoever situate, I give, devise and bequeath to the Trustee of a living trust created …
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Sample Basic Will (Annotated) - FindLaw
Feb 18, 2021 · ARTICLE IV: Residuary Clause "I give the rest of my estate (called my residuary estate) to my husband, Tex. If he does not survive me, I give my residuary estate to those of my children who survive me, in equal shares, to …
Residuary Estate Sample Clauses - Law Insider
Residuary Estate. I direct that my residuary estate be distributed to my spouse. If my spouse does not survive me, my residuary estate shall be distributed to my children in equal shares.
Residuary estate: "In the event that my daughter, _____, does not survive me, then I give my residuary estate as aforesaid to her issue, then surviving, meaning to include children born to …
Residuary Estate: Example and How to Distribute
Feb 28, 2023 · A residuary estate is the portion of a person’s assets that are left over after paying off their estate’s debts, taxes and expenses and after distributing any specific gifts of property or...
All About Residuary Clauses - Law Stein Anderson, LLP
A residuary clause in a will or trust specifies what should happen to any property not addressed in the documents or assigned to a beneficiary. It serves as a catch-all provision, outlining the beneficiaries and their respective shares in the …
How to Write a Residuary Estate Clause in a Will
Dec 4, 2022 · Any assets that aren’t included in your will or distributed through a trust automatically become part of your residuary estate when you pass away. So how is a residuary estate created?
What is a Residuary Clause in a Will?
Oct 9, 2024 · If you are a residuary beneficiary under a Will, it’s important to get an overall sense of the value of the Estate. So, once you learn of this and the Executor has filed the Will in …
The most important clause in estate planning - Drizin …
Feb 5, 2020 · In other words, the residuary clause is a catch-all provision that provides for the distribution of your assets at death which are not otherwise addressed in the estate plan. Here’s a sample residuary clause in a will …
What is a Residual Clause in a Will?
Sep 18, 2024 · A residuary clause is a “catch all” provision that essentially leaves anything that you may have left out of the will, to whomever you designate. It also will speed up the probate process, as the court only needs to follow the …
Sample clause for Residue of Estate (a) I give the rest of my property to the Upper Lachlan Foundation Inc ( which organisation is associated with the CAPITAL REGION COMMUNITY …
DISPOSITION OF RESIDUARY ESTATE After payment of my just debts, testamentary and funeral expenses and any taxes or duties payable as a result of my death, I give my entire …
Understanding the Residuary Estate & Clause - Policygenius
Nov 2, 2021 · If you don't name specific assets — like a personal belonging or real estate property — and assign a beneficiary to receive them, they become part of the residuary estate, which is …
What is a Residuary Clause? - Rania Combs Law, PLLC
Aug 9, 2021 · A residuary clause is a provision in a Will that passes the residue of an estate to beneficiaries identified in the Will. It is a safety net that catches all other items that a deceased …
What is a residuary clause, and why do you need it in your will?
Jun 30, 2024 · The residuary clause covers not just assets for whom there’s no named beneficiary, payable-on-death, transfer-on-death or joint owner. It also covers any asset left to …
What Is a Residuary Clause and Why Is It Important?
A residuary clause outlines what should happen to any property that has not been addressed in your documents or assigned to a beneficiary. Without a residuary clause, your loved ones may …
Why Every Will Needs a Residuary Clause - PTM Trust and …
Mar 25, 2021 · An example of a residuary clause is: “I leave all of my residuary estate to my wife, Mary Smith.” In this example, Mary would receive everything left over in her late husband’s …
Residuary Bequests and Your Estate Plan - Trust & Will
When you create your Will online with Trust & Will, you will have the opportunity to name the Beneficiary of your Residuary Estate using a Residuary Clause. This clause allows you to …
What Is A Residuary Clause (Legal Definition And Importance)
Feb 2, 2021 · A residuary clause in a will or trust is a “catch-all” provision applicable to any assets or property not specifically gifted or disposed of by the will. The objective is to ensure that all …
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