Simple English definitions for legal terms
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Term: SI INSTITUTUS SINE LIBERIS DECESSERIT
Definition: This Latin phrase means "if the instituted heir should die without issue." It refers to a situation where someone has been chosen to inherit something, but if they die without having any children, then someone else will inherit instead. This is called a substitution. Substitution is when one person or thing takes the place of another person or thing. It can happen for many reasons, such as if the original person is unable to fulfill their role or if they pass away. In some cases, a person can even choose who will take their place after they die.
Definition: If the instituted heir should die without issue.
Explanation: This term is used in legal contexts, particularly in Roman and Louisiana law, to refer to a situation where an heir who has been designated to inherit property or assets from a deceased person dies without any children or descendants. In such cases, the property or assets may be passed on to a substitute heir, as designated by the original testator.
Example: For instance, if a wealthy individual creates a will designating their nephew as the heir to their estate, but the nephew dies before the individual without any children, the substitute heir named in the will would inherit the estate instead.
Related terms: Substitution, amendment by substituting, common substitution, pupillary substitution, fideicommissary substitution, prohibited substitution.