1. Absolute Residuary Gift
    SUBJECT to the trusts DECLARED above my Executors SHALL HOLD my estate for the trustees of THE [name of trust] FAMILY PROBATE TRUST absolutely
  • 4
    I'm guessing this is England, but note that UK is not a single jurisdiction. That's particularly important for wills. Commented Apr 13 at 12:44

1 Answer 1


It means that any property that is left over after, all other distributions called for in the will have been made, go into the THE [name of trust] FAMILY PROBATE TRUST.

  • Thank you, would you know that as this is a living trust would this then need to go through probate.
    – Nick Lloyd
    Commented Apr 12 at 23:16
  • 3
    @NickLloyd Every will needs to go through probate to have any effect.
    – ohwilleke
    Commented Apr 12 at 23:43
  • Apologies for being a bit vague. The situation I have and this is in England. My Dad and step mother created a wills and trust in 2013, they created two what they called family probate trusts. I believe the legal term in the uk is a living trust. I live New Zealand, and so this is a little different to us.
    – Nick Lloyd
    Commented Apr 14 at 1:16
  • 1
    @MichaelHall Probate is literally the process of giving legal effect to a will. To avoid probate you need to use estate planning tools called non-probate transfers other than a will, such as joint tenancies with right of survivorship, life estates, beneficiary designations in accounts, inter vivos trusts, and gifts made during life.
    – ohwilleke
    Commented Apr 14 at 22:53
  • 1
    @MichaelHall Washington State is exceedingly unusual in the common law world in that respect according to the link.
    – ohwilleke
    Commented Apr 15 at 17:34

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