[ANSTHRLD] Permission to conflict??

Kathleen O'Brien kobrien at texas.net
Wed Apr 9 01:06:47 PDT 2008


>> > > Is there a way to resolve a conflict if the person is no longer
>> > > active/alive??
>> >
>> > If the person is no longer alive, I think that permission to
>> > conflict may be granted by their legal heir(s) since the right to
>> > grant permission to conflict is reserved to the owner of the item
>> > - and so is the right to transfer.
>>
>> What if the deceased person was the husband or wife of the person
>> wishing to have the registered items put into their name?  What is
>> the protocol then?  This is assuming there is no heraldic will and
>> all other hurdles have been jumped (i.e. they don't have too many
>> other items in their name, there are no reserved charges etc.)
>
>What aspect of "may be granted by their legal heir(s)" works any
>differently in that case?
>
>Danihel de Lincolino


Daniel's right.  It isn't different.  If the surviving spouse is the
deceased's legal heir, then they can document that (via whatever the legal
means were - will, probate, whatever) and they simply sign both letters for
the transfer.  They sign the Letter of Transfer as the legal heir and the
Letter of Acceptance of Transfer as the recipient.  Of course, they could
create a single letter that acts as both, but there's the chance they may
leave something out.  (The template letters have been proofread to make
sure they include everything Laurel needs and when something is found
that's missing on a template letter, it usually gets updated.)

Now, there is always the possibility that the spouse is NOT the legal heir
of the deceased.  Yeah, it's not common, but it does happen.  In that case,
the legal heir (whoever that may be) is the one who inherits the rights to
the heraldry in the case when there is no heraldic will.  In this case, the
legal heir would need to sign the letter of permission to conflict / letter
of transfer since they, not the surviving spouse, owns the heraldry.

Hmm... just thought of another case: in the case where there is no heraldic
will and a legal will disposes of property/rights/etc. to multiple legal
heirs, I would guess that the inheritance of the rights to the heraldry
would need to be interpreted based on the will.  I am not aware of anything
like that having come up yet, but there's always the possibility.

Hope this helps,

Mari



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