Who Gets the Rest of Your Estate?

After specific gifts and liabilities have been dealt with, there is often part of an estate left to distribute. This is commonly known as the residual estate, and it is frequently one of the most important parts of a Will.

The residual estate is everything that remains after debts, taxes, funeral expenses, administration costs and any specific gifts have been paid or transferred.

This may include cash, investments, property proceeds, personal possessions not specifically gifted, or other assets left over once the estate has been administered.

Your Will should clearly state who receives this remainder. Those entitled are often referred to as residuary beneficiaries.

In many estates, the residue can represent the largest overall share of value, which makes clear drafting especially important.

If the residue is not dealt with properly, uncertainty can arise over who should inherit. This can lead to delay, unnecessary cost or unintended outcomes.

The person responsible for carrying out these instructions will usually be the executor, who must administer the estate and distribute the residue in accordance with the Will.

At MJV Solicitors, we help clients prepare Wills that deal clearly with both specific gifts and the remainder of the estate.

For more information about making or updating a Will, read our complete guide to Wills and Estate Planning.

FAQ

What is the residual estate?
The residual estate is what remains after debts, taxes, funeral and administration costs, and any specific gifts have been dealt with.
Who gets the residual estate?
The people or organisations named in the Will as residuary beneficiaries receive the remainder of the estate.
What happens if a residuary beneficiary dies before me?
It depends on the wording of the Will and who the beneficiary is. Their share may pass to a substitute beneficiary, fall into another part of the residue, or in some circumstances result in a partial intestacy.
What happens if my Will does not deal with the residual estate?
Any part of the estate not effectively disposed of by the Will may pass under the intestacy rules. This is known as a partial intestacy.

If you would like advice on preparing a clear and effective Will, MJV Solicitors provide straightforward guidance and transparent pricing.

Contact us today to discuss the right arrangements for your estate.