Also known as: remainder beneficiary · remainderman · remainder interest beneficiary
Written by attorneys · grounded in primary & secondary sources — see below
Persons entitled to receive the principal assets of a trust or estate after the expiration of prior limited interests held by income or life beneficiaries. The designation identifies the class that takes the corpus once those preceding rights end and the trust or estate terminates.
Roberto Reyes conveyed land in fee tail to his son with a remainder to his daughter Renata Russo. Upon the son's death without issue, the land passed directly to Renata as the designated remainderman under the governing instrument. Renata thereby became entitled to possession and full ownership of the property.
Rebecca Ross held land in fee tail and died without issue or any designated remainderman. The property therefore returned to the original grantor as reversioner rather than passing to any future-interest holder. No remainder beneficiary existed to claim the estate.
Select any source to read its text and confirm it supports the definition.
Roger Ramirez received land in a fee tail limited to a single lifetime and named Ravi Reddy as remainderman. When Roger died without qualifying issue, the land vested in Ravi for the estate specified in the original limitation. Ravi took possession as the remainder beneficiary.
Rina Rahman held a single-lifetime fee tail and left no issue, no remainderman, and no executory interest. The land therefore passed to the reversioner upon her death. No remainder beneficiary could claim the property.
Jacob Heller's will placed his residuary estate in trust for his wife Bertha during her life and named his daughters and sons as remainder beneficiaries to receive the principal after her death. Upon Bertha's death the trustees distributed the corpus to those named remainder beneficiaries in their designated shares. The sons later became trustees while the daughters held their remainder interests.
Remainder beneficiaries receive the principal assets after the income or life beneficiaries' interests expire. The trust instrument designates this class to take the corpus upon termination. Distribution to them ends the trust.
Supporting sources
Modern law treats language such as "to my next of kin" as a valid remainder gift to that class rather than a retained reversion. The class members therefore take directly as remainder beneficiaries. Marcus, as Lila's only surviving relative, qualified and received the funds.
Trustees owe remainder beneficiaries the duties of care and loyalty. These duties require prudent management of trust assets and impartial treatment of all beneficiaries. Remainder beneficiaries may enforce these duties through appropriate proceedings.
Supporting sources
A revocation of the trust before the testator's death causes the pour-over devise to lapse unless the will provides otherwise. The residence then passes through the estate rather than to the remainder beneficiaries named in the trust. Julian therefore lost his claim to the residence.
…Bell Co. , 138 Miss. 548, 103 So. 353, 355 (1925) (merging life estate with remainder when life tenant conveyed her interest to remainderman); Treiber v. Citizens State Bank , 598 N.W.2d 96, 97 (N.D. 1999) (merging a life estate with remainder interest in two-thirds of the property to create fee simple in…