Gifts of residue are testamentary gifts of the remainder of a deceased person’s estate after payment of debts, taxes, expenses and all prior legacies or bequests. In wills, they are usually created by a residuary clause leaving “the residue” (or “free estate” in Scots practice) to one or more residuary beneficiaries.The expression is descriptive rather than a statutory term, but is widely used by probate, trusts and succession lawyers across England and Wales, Scotland, Northern Ireland and Ireland, with broadly consistent meaning. In Scotland, residue of the estate is subject to legal rights and prior rights; in the other jurisdictions, residue is determined after satisfying any fixed shares (for example under intestacy rules if the will fails in part).Gifts of residue are central to estate planning and will drafting because they “sweep up” assets not specifically mentioned, deal with after-acquired property, and reduce the risk of partial intestacy. They are commonly structured as absolute gifts or on discretionary or life-interest trusts. Construction issues include class gifts, failure of prior gifts increasing residue, lapse and the operation of anti-lapse provisions, and the effect of variation or disclaimer by residuary beneficiaries.