Legal Definitions - substitutio heredis

SUBSTITUTIO HEREDIS

Substitutio heredis is a Latin term used in Roman law. It refers to two types of substitution:

1. 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.
2. 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.