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Simple English definitions for legal terms
substitutio heredis
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A quick definition of substitutio heredis:
Substitutio heredis is a legal term from ancient Rome that refers to a type of inheritance. It means that if the original heir cannot inherit, then someone else will take their place. This can happen in two ways: either the substitute inherits after the original heir, or they inherit instead of the original heir.
A more thorough explanation:
SUBSTITUTIO HEREDIS
Substitutio heredis is a Latin term used in Roman law. It refers to two types of substitution:
- Substitution (3): When a testator (person making a will) names a primary heir, but also names a substitute heir in case the primary heir cannot inherit.
- Substitution (4): When a testator names a primary heir, but also names a substitute heir who will inherit if the primary heir inherits but then dies before passing on the inheritance.
Example 1: A testator writes a will leaving all their property to their son, but also names their daughter as a substitute heir in case the son dies before inheriting. This is an example of substitution (3).
Example 2: A testator writes a will leaving all their property to their grandson, but also names their granddaughter as a substitute heir in case the grandson inherits but then dies before passing on the inheritance. This is an example of substitution (4).
These examples illustrate how a testator can provide for the possibility that their chosen heir may not be able to inherit or may not be able to pass on the inheritance. By naming a substitute heir, the testator ensures that their property will still go to someone they choose.