residue clause

Court Interprets Will’s Residue Clause

In a recent case, the court was asked to interpret the residue clause of the Deceased’s Will. The Deceased passed away in 2016. In her 1997 Will, she named her daughter as the sole executor and residuary beneficiary. However, both her daughter and alternate estate trustee predeceased her. The Will directed that, in the event her daughter predeceased her, the residue of the estate would be divided among the Deceased’s five siblings…..

Court Interprets Will’s Residue Clause Continue Reading »

Estate Litigation

Avoiding an Accidental Intestacy: A Reminder for Drafting Lawyers

I recently had the pleasure of leading a course for lawyers who want to learn how to draft Wills (or improve their existing skills). One of the topics that we discussed at some length was how best to draft a residue provision in a Will, where there are multiple residuary beneficiaries. I thought it may be helpful to summarize a key discussion point from our session here, as in my….

Avoiding an Accidental Intestacy: A Reminder for Drafting Lawyers Continue Reading »

Estate Administration, Estate Planning, Wills
Scroll to Top