Legal Definitions - substitutional

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Definition of substitutional

The term substitutional refers to something that is designated to take the place of or serve as an alternative for another person, item, or provision if the original one is unable to fulfill its role or is unavailable.

Here are some examples to illustrate this concept:

  • In a Last Will and Testament: Imagine a will where a person leaves their house to their daughter, Sarah. However, the will also states that if Sarah is no longer living at the time of the person's death, the house should instead go to their son, Michael. In this scenario, Michael is the substitutional beneficiary for the house. He is designated to take Sarah's place as the recipient if she cannot inherit.

  • In a Business Contract: A company signs a contract to purchase 100 units of a specific component from a supplier. The contract includes a clause stating that if the exact component becomes unavailable due to unforeseen supply chain issues, the supplier must provide a substitutional component of equivalent quality and functionality. This clause ensures that an alternative, acceptable component can take the place of the originally specified one, allowing the contract to proceed.

  • In Estate Planning for Minor Children: Parents creating a will often name a guardian for their minor children in case both parents pass away. They might name their sister, Aunt Jane, as the primary guardian. To ensure their children are always cared for, they might also name their brother, Uncle Tom, as the substitutional guardian. If Aunt Jane is unable or unwilling to serve as guardian when the time comes, Uncle Tom is designated to step into that role, taking her place.

Simple Definition

In a legal context, "substitutional" describes something or someone that is designated to take the place of another. It refers to an individual or entity capable of stepping in and fulfilling the role or position if the primary person or thing is unable to do so.

Injustice anywhere is a threat to justice everywhere.

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