This step lets you divide your residuary Estate by percentage and set a fallback rule if a recipient
can't receive their share (for example, if they die before you). Your percentages must total 100%.
What is the "residuary Estate"?
Your residuary Estate is everything left after paying funeral and Estate expenses, debts and taxes, and after any
Specific Gifts have been distributed. If a Gift in a will can't take effect, it usually falls into the residue and
is shared under these percentages.
How do I complete this page correctly?
- Add each recipient you want to share in the residue (people and/or organisations).
- Enter a percentage for each. The total must equal 100% (use "Split equally" if helpful).
- Select a condition for each recipient (what happens if they can't take): see options below.
- Keep names consistent with your Beneficiaries list so everything lines up cleanly.
What do the "Condition" options mean?
- Per Stirpes - If a recipient can't take, their descendants (e.g., Children) take that share by family branch.
- Per Capita - If a recipient can't take, their share is divided between the surviving peers at the same generation level.
- No Substitution - If a recipient can't take, their share is re-divided among the other residuary recipients.
Tip: Many people choose Per Stirpes for close family so a Child's branch isn't accidentally skipped.
What about organisations and minors?
- Organisations (charities, trusts, companies): use the full legal name; for charities, add the register details when available.
- Minors: it's fine to include Children. Funds are typically held until they reach adulthood (or in stages if you set this elsewhere).
Common mistakes to avoid
- Percentages that don't add up to 100%.
- Choosing Other/unspecified relationships earlier, then forgetting to fill in Specify Other.
- Using nicknames or informal organisation names (use full legal names; add charity register details when possible).
- Leaving all recipients on the same condition when your intent differs (e.g., family vs charities).
Most people:
Split the residue between close family and use Per Stirpes for them; charities are often set to No Substitution.
Note:
If a Specific Gift fails or there's anything left over, it falls into the residuary Estate and is divided by the percentages on this page.
Typically:
Families click "Split equally" first, then fine-tune a few percentages and conditions.
Recommendation:
Double-check totals hit 100% and conditions reflect your real intent for each recipient.
Quick Questions
- What happens if a Gift can't be made? It generally falls into the residuary Estate and is shared by your percentages.
- Can a Beneficiary also be an Executor? Yes - that's common in NZ wills.
- What if my partner later claims relationship property? NZ law allows a surviving partner to elect a relationship-property division; this can affect what's available to your Estate.
- What if a family member says the Will is unfair? Some close family can apply to the Court for support out of the Estate (separate to what you've allocated here).