Which type of clause in a will dictates how the remaining estate is divided after specific bequests?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The residuary clause in a will plays a crucial role in determining the distribution of any remaining assets after all specific bequests have been fulfilled. It essentially outlines how the leftover estate—what remains after all designated gifts and debts are accounted for—should be divided among the beneficiaries. This clause effectively ensures that any assets not explicitly bequeathed in the will are still allocated according to the testator's wishes, preventing any ambiguity regarding the distribution of the estate.

In contrast, specific bequests refer to particular items or amounts designated to specific individuals, while general clauses offer broader instructions that may encompass multiple assets or categories. An intestacy clause does not exist within the context of a will; instead, it refers to state laws that govern estate distribution in cases where no valid will exists. Hence, the residuary clause is distinctly designed for addressing the residual assets, making it fundamental in the context of how an estate is taken care of after specific instructions have been executed.

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