As we saw in our previous article that a residuary legatee is one to whom the testator gives what remains of his property after the legacies and bequests are made. The distinction between a residuary legatee and the next-of-kin is that a residuary legatee is a claimant under the will whereas the next-of-kin is a claimant de hors i.e. out of the will.

A residuary legatee can be constituted by the testator using such words in the will as would indicate his intention that the legatee designated shall take the residue or surplus of his estate.

Example: A makes her Will, which contained the following words “All my remaining estate, movable and immovable which are not mentioned here or which shall be acquired after the execution of this will shall belong absolutely to B.” B is constituted residuary legatee.