Re Berens: ChD 1926

A clause requiring assumption of arms which will not be exemplified and recorded by the College of Arms is void for impossibility. Performance of the condition in the will was ‘impossible of fulfilment’ because the arms in question had already been granted to another and it was therefore held not to be binding on the beneficiary.

Citations:

[1926] Ch 596

Jurisdiction:

England and Wales

Wills and Probate

Updated: 14 July 2022; Ref: scu.639676