Name-and-Arms Clause: A provision in a will or property transfer agreement stipulating that the recipient of the property is required to maintain the same surname and coat-of-arms as the donor. Failure to comply will result in the property being transferred to another individual.
A name-and-arms clause is a legal provision often found in wills or property settlements, requiring the recipient to maintain the testator’s or settlor’s surname and coat-of-arms. Failure to do so may result in the property passing to another person. For example, John Smith, a wealthy landowner, includes a name-and-arms clause in his will, leaving 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. This clause can also be included in property settlements, such as when a husband transfers ownership of a house to his wife, requiring her to maintain his 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 demonstrate how a name-and-arms clause can be used to preserve a family’s name and coat-of-arms through generations, ensuring the continuity of the family’s identity and legacy.
A Name-And-Arms Clause is a provision in a contract or agreement that requires the parties involved to disclose their full legal names and any aliases or alternative names they may use.
A Name-And-Arms Clause is important as it ensures transparency and helps prevent fraudulent activities by ensuring that all parties involved are accurately identified and held accountable for their actions.
Yes, a Name-And-Arms Clause can be enforced if one party fails to disclose their true identity. The non-disclosing party may be held liable for any damages or losses incurred as a result of their failure to disclose.
In most cases, a party cannot use a pseudonym or stage name instead of their legal name in a contract if a Name-And-Arms Clause is included. The purpose of the clause is to ensure the use of legal names for identification and accountability.
There may be exceptions to the requirement of disclosing aliases in a Name-And-Arms Clause if the use of aliases is legally recognized or necessary for legitimate reasons, such as protection of personal safety or privacy. However, these exceptions would need to be explicitly stated in the contract.
Yes, a party can be held liable for providing false information in a Name-And-Arms Clause. Providing false information may constitute fraud or misrepresentation, which can lead to legal consequences and potential damages.
No, a Name-And-Arms Clause is not mandatory in all contracts. Its inclusion depends on the specific circumstances and the parties involved. However, it is often recommended to include such a clause to ensure transparency and accountability.
Yes, a Name-And-Arms Clause can be modified or waived if all parties involved agree to the changes. It is important to document any modifications or waivers in writing to avoid any future disputes.
If a party changes their legal name after signing a contract with a Name-And-Arms Clause, they should notify all other parties involved and provide appropriate documentation to support the name change. The contract may need to be amended to reflect the new legal name.
While a Name-And-Arms Clause can help deter identity theft or fraud by ensuring accurate identification, it may not provide complete protection. Additional security measures, such as background checks and verification processes, may be necessary to minimize the risk of identity theft or fraud.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/name-and-arms-clause/
- Modern Language Association (MLA):Name-And-Arms Clause. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/name-and-arms-clause/.
- Chicago Manual of Style (CMS):Name-And-Arms Clause. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/name-and-arms-clause/ (accessed: May 09 2024).
- American Psychological Association (APA):Name-And-Arms Clause. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/name-and-arms-clause/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts