Substitution by Will Law and Legal Definition

Substitution by will is the effect of a clause in a will whereby the testator provides for the replacement of the beneficiary of a particular bequest by another person, or the replacement of a bequest to a designated beneficiary by another bequest to or in favor of the same beneficiary, under circumstances set forth in the clause.

A testamentary gift is substitutional where the testator provides that someone shall take it in event of the death of the original beneficiary before the period of distribution. [In re Waring's Will, 293 N.Y. 186, 189 (N.Y. 1944)].