When Making a Will
When making a Will, most people focus on leaving specific gifts to family or friends, such as money, jewellery or property. But what about everything else that’s left over? This is where a residue clause becomes so important. A residue clause makes sure no part of your estate is forgotten, giving you peace of mind that your loved ones will be cared for and that your wishes will be honoured in full.
What Is a Residue Clause?
A residue clause sets out who should inherit any part of your estate not specifically mentioned in your Will. It plays a vital role in ensuring that all assets in your estate go where you want them to. Think of it as a “safety net” that catches forgotten assets, void bequests, assets gained after writing your Will, or anything left over. This clause ensures your estate is distributed according to your wishes, rather than by intestacy laws.
For example, if your Will leaves €10,000 to a charity and your home to your children, but doesn’t explain what should happen to the rest of your money, personal belongings or investments, that residue may not go where you intended.
What Happens Without a Residue Clause?
If you leave out a residue clause, any assets not specifically included in your Will, or any gifts that lapse because the beneficiary predeceases you, fall under intestacy rules. In that case, the law decides who inherits those assets, not you.
This can cause:
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Unintended beneficiaries – estranged family members or distant relatives may inherit against your wishes
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Disputes – family members may feel distribution is unfair
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Delays and costs – court processes can become drawn-out, with higher legal fees
Why Making a Will Matters
Making a Will is one of the most important steps in planning for your future. A Will is more than just a legal document – it provides clarity, prevents disputes, and gives you peace of mind that your wishes will be respected. While including a residue clause is vital, it’s only one part of the bigger picture.
To truly protect your loved ones, you should:
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Have your Will drafted by a solicitor
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Review it regularly
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Update it after life events such as marriage, divorce, children, or major changes in assets
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Store it safely
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Talk openly with your loved ones about your wishes
These steps ease the burden on your family and ensure your legacy is preserved exactly as you intend.
Residue Clause as a Safeguard
A residue clause ensures that any unspecified assets, or assets acquired after the date of your Will, pass to your chosen beneficiaries. It also protects against lapsed gifts: if a beneficiary predeceases you, the residuary beneficiary inherits instead. This safeguard prevents unintended beneficiaries from claiming under intestacy laws.
Talk to Us
Don’t leave it to chance. If you have questions about residue clauses or Wills in general, contact Dillon Solicitors LLP on 01 296 0666 or info@dillon.ie. Our experienced team will guide you with care and clarity.
