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Simple English definitions for legal terms
name-and-arms clause
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A quick definition of name-and-arms clause:
Name-and-Arms Clause: A rule in a will or property transfer agreement that says the person who receives the property must keep using the same last name and coat-of-arms as the person who gave them the property. If they don't, the property will go to someone else.
A more thorough explanation:
A name-and-arms clause is a legal term used in wills or property settlements. It requires the recipient of the property to continue using the testator's or settlor's surname and coat-of-arms. If the recipient fails to do so, the property will pass to another person.
John Smith, a wealthy landowner, includes a name-and-arms clause in his will. He leaves his estate to his son, James Smith, on the condition that James continues to use the family surname and coat-of-arms. If James changes his name or coat-of-arms, the estate will pass to John's brother, William Smith.
Another example is a property settlement where a husband transfers ownership of a house to his wife. The settlement includes a name-and-arms clause, requiring the wife to continue using the husband's surname and coat-of-arms. If she remarries and changes her name or coat-of-arms, the property will pass to the husband's brother.
These examples illustrate how a name-and-arms clause can be used to ensure that a family's name and coat-of-arms are preserved through generations. It is a way to maintain the family's identity and legacy.