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Simple English definitions for legal terms
substitutional gift
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A quick definition of substitutional gift:
A substitutional gift is a type of gift that is given to someone in place of another person who cannot receive it for some reason. For example, if someone leaves a gift in their will for their friend, but their friend has already passed away, they may leave the gift to the friend's child instead. This type of gift is also called a substitute gift.A more thorough explanation:
A substitutional gift is a type of testamentary gift where the testator leaves a gift to one person in place of another who is unable to take under the will for some reason. This type of gift is also known as a substitute gift.
For example, if a testator leaves a gift to their child, but the child predeceases them, the testator may name the child's child (i.e. the testator's grandchild) as the substitute recipient of the gift.
Another example is if a testator leaves a gift to their friend, but the friend is unable to take the gift due to death or incapacity, the testator may name another friend as the substitute recipient of the gift.
These examples illustrate how a substitutional gift allows the testator to ensure that their intended gift goes to someone they care about, even if the original recipient is unable to receive it.