What is left in an estate after debts, taxes and specific gifts.
In Islamic law
Functionally close to what the asabah take after the fixed shares are paid — the remainder rather than a named fraction.
In Canadian law
Most wills give specific items to named people and then leave 'the residue' to a main group. A will without a residue clause risks a partial intestacy over whatever is not otherwise disposed of.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Residue clause ontario will explained
- Specific gifts bequests ontario will
- No contest clause in terrorem ontario wills
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Residue clause ontario will explained — Treadstone Law
- Specific gifts bequests ontario will — Treadstone Law
- No contest clause in terrorem ontario wills — Treadstone Law
- Who pays estate debts intestacy ontario — Treadstone Law
- Wills & estates practice — Treadstone Law