Legal Definitions - haeredibus et assignatis quibuscunque

The Latin phrase haeredibus et assignatis quibuscunque, primarily found in Scots law, translates to "to heirs and assignees whomsoever."

This traditional legal expression was historically used in documents, particularly those related to property and inheritance, to clearly define who could inherit or receive ownership of an asset. Its inclusion ensured that the property could pass not only to the direct legal heirs of the original owner upon their death but also to any other party to whom the original owner or their heirs might legally transfer (assign) the property during their lifetime. Essentially, it signifies a broad and flexible right of succession and transferability, granting the recipient full control over the future disposition of the asset.

Here are some examples illustrating its application:

• Example 1: A Family Estate Will
  Consider a Scottish landowner, Mrs. MacIntyre, drafting her will in the late 19th century. To ensure her ancestral home, "Lochside Cottage," could be passed down through her family or sold if circumstances required, her will might include a clause stating that the cottage is bequeathed to her daughter, Flora, and her "haeredibus et assignatis quibuscunque." This means Flora inherits the cottage, and she then possesses the full legal right to either pass it on to her own heirs upon her death or to sell (assign) it to any other party during her lifetime. The phrase ensures maximum flexibility for future ownership and disposition of the property.

• Example 2: A Historical Land Charter
  Imagine a 16th-century Scottish charter where a Baron grants a parcel of agricultural land to a tenant farmer, Robert Bruce. The charter might state that the land is granted to "Robert Bruce, and his haeredibus et assignatis quibuscunque, for loyal service." This clause confirms that Robert Bruce not only gains ownership for himself but also has the right for his children and their descendants to inherit the land, or for him (or his heirs) to sell or transfer the land to another person if they choose, without needing further permission from the Baron. It establishes a clear, inheritable, and transferable title to the land.

• Example 3: Modern Commercial Lease (Principle Illustrated)
  While the specific Latin phrase is rarely used in modern documents, its underlying principle of broad transferability is still vital. For instance, in a contemporary commercial property lease in Scotland, a clause might state that the tenant, "Caledonian Enterprises Ltd.," can assign (transfer) the lease to another company with the landlord's consent, and that the lease benefits the tenant's "successors and assignees." This modern phrasing carries the same intent as "haeredibus et assignatis quibuscunque": the original tenant company (or its legal successors) has the right to transfer its interest in the property to another party, ensuring the leasehold interest can be broadly assigned or passed on, rather than being strictly tied to the initial tenant.