substitution
Substitution is the act of replacing one person, thing, or obligation with another. Substitution can apply across various areas of law depending on the circumstances.
In litigation, substitution of parties occurs when a successor or representative replaces a party who can no longer continue due to death, incapacity, transfer of interest, or loss of official capacity.
In administrative law, substitution of judgment refers to a court applying its own interpretation rather than deferring to an agency’s view, particularly when the issue does not involve agency expertise or core policy. See: City of Valdez v. State (2016).
In wills, substitution means naming an alternate beneficiary to take a legacy if the original beneficiary is unable or unwilling to accept it.
In contract law, substitution may refer to novation, where a new agreement or obligation replaces an existing one. See: Zinn v. Walker (1987).
[Last reviewed in June of 2025 by the Wex Definitions Team]
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