Skip to main content
Wills

Residue

Everything left in an estate after debts, taxes, expenses and specific gifts have been paid.

What it means

The residue is what remains of the estate once all liabilities, funeral and administration costs, and the named gifts have been satisfied. It is the catch-all that captures assets not specifically dealt with elsewhere in the Will. The people who share it are the residuary beneficiaries, and the residue itself forms the residuary estate.

How it's used

A well-drafted Will always disposes of the residue so that nothing falls into a partial intestacy. Example: "I give the residue of my estate to my spouse, but if she does not survive me, to my children in equal shares." Dividing the residue by percentage or by per stirpes rules helps avoid disputes over leftover assets.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

Ready to put it into practice?

Create a legally valid Australian Will online in about 20 minutes.

Start your Will free