Checked my sources. Arms in England belong to any family member who can prove descent through the male line of the bearer. In Scotland it is eldest male. Don't know about other countries. According to HERALDRY, CUSTOMS, RULES, STYLES by von Volbroth, new arms can be assumed by a family unless it isn't legal or customary in their country. Another source of info is OXFORD GUIDE TO HERALDRY by Woodstock and Robinson.