Question

the purpose the residuary clause is to provide a mechanism for

Answer 1

The purpose of the residuary clause is to provide a mechanism for ensuring that entire estate of the testator, known or unknown, will pass according to his wishes.A residuary clause is a provision, contained in the Will of a testator, that passes the residue of an estate to beneficiaries identified in the Will.

It can be understood from the below example:

A testator wants to give all of the residue of his estate to his wife if she survives him.Also if wife doesn't survive him, then all residue of his estate goes to his son.If no specific gifts have been mentioned in the Will, then entire residue of estate would pass to his wife, if she survives him, or to his son if his wife died first. Major portion of a decedent’s assets often pass according to the terms of a residuary clause.

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