Archive · 6 Oct 2026
A Valid Will May Still Leave Part of an Estate Undisposed
A will can be legally valid but still leave some belongings unaccounted for.
This can happen when someone gets new assets after writing the will, or when a gift in the will cannot take effect.
A residuary clause says who should receive what is left over.
Indian law describes the role of a residuary legatee in Sections 102 and 103 of the Indian Succession Act, 1925.
The leftover property can include more than newly acquired assets.
If there is no effective residuary clause, some property may be distributed under intestate succession rules instead.
That distribution may not match what the person wanted.
The article advises clearly naming a residuary beneficiary and, where appropriate, substitutes.
A will can be legally valid without disposing of every asset owned at death.
Specific gifts may not cover assets acquired later or property no longer matching the gift.
Sections 102 and 103 of the Indian Succession Act, 1925 address the residuary legatee.
A residuary clause can cover undisposed property, including gifts that fail or lapse.
Without an effective residue provision, assets may pass under intestate succession rules.
- Who
- People making wills and the beneficiaries who may inherit their estates.
- What
- An explanation of how a valid will may leave assets undisposed of and how a residuary clause can address that gap.
- When
- The issue can arise when assets change or are acquired after a will is made, or when a testamentary gift fails or lapses.
- Where
- India; the article refers to the Indian Succession Act, 1925.
- Why
- An effective residuary clause can direct who receives property not otherwise effectively disposed of by the will.
- Relevant law
- Indian Succession Act, 1925
- Relevant sections
- Sections 102 and 103 address the residuary legatee.
- Residuary clause
- A provision identifying who receives the residue of an estate.
- Property it may cover
- Property at death not otherwise effectively disposed of by the will.
- Other possible residue
- Property left undisposed of when another testamentary gift fails or lapses.
- If no effective provision exists
- Part of the estate may pass under applicable intestate succession rules.
- Drafting consideration
- Clearly identify the residuary beneficiary and consider substitute beneficiaries where appropriate.