Legal Definitions - pupillary substitution

Definition: Pupillary substitution is a type of substitution in Roman law where a person is nominated to take the place of a descendant who has died before reaching puberty and was in the control of the testator. If the descendant failed to take the inheritance due to lunacy, it was known as an exemplary substitution or quasi-pupillary substitution.

Examples: If a person named their underage child as the heir to their estate but the child died before reaching puberty, the testator could nominate another person to take the place of the child and inherit the estate. This type of substitution was known as a pupillary substitution.

Explanation: Pupillary substitution was a way for a testator to ensure that their property would pass to their intended beneficiaries even if the original heir was unable to inherit. It was particularly useful in cases where the heir was a young child who had not yet reached puberty. The example illustrates how a testator could use pupillary substitution to ensure that their estate passed to their chosen beneficiary even if the original heir was unable to inherit.