Deed of Change of Name
Encyclopedia
A deed of change of name is a legal document in the United Kingdom
and Republic of Ireland
, which enables a single person or a family to officially change his or her name
. In informal usage it is referred to simply as a deed poll, although other kinds of deed poll
exist.
Such a deed is not a legal requirement for a name change in the UK but organisations such as bank
s and government departments may not recognise the change of name without this or a statutory declaration
.
, such a deed may be registered in the Central Office of the High Court. Deeds so registered are advertised in the London Gazette
. A deed of name change on behalf of a minor must be approved by the Senior Master
on behalf of the Master of the Rolls
who will take into account the child's best interests
. Registration of deeds is regulated by the Enrolment of Deeds (Change of Name) Regulations 1994, Statutory Instrument
1994 No. 604. Compared to some other European countries, e.g. Germany, a name change in the UK is easy and virtually unrestricted regarding choice.
The procedure, requirements and law surrounding the issue in Northern Ireland
are similar as in England and Wales.
In the Republic of Ireland
, a deed poll of change of name is obtainable from the Central Office of the Four Courts
, Dublin at a cost of €30. Like in the UK, there are very few restrictions on name changes. One is that foreign nationals must also obtain a change of name license from the Irish Naturalisation and Immigration Service. One of Ireland's most noted name changers was the politician Seán Loftus, who repeatedly added middle names referring to his political views so that they would appear on election ballot papers.
Registration of a deed of change of name is not a legal requirement in the United Kingdom
. A standard legal document, with stock wording, filled in by the person making the deed poll, and signed in presence of a witness
, carries sufficient legal authority
to be recognized. The witness need not be a solicitor
but can be anyone over the age of 18 independent of the person changing their name.
In England, Northern Ireland and Wales, a deed of change of name will not change the name on a birth certificate. For instance, when applying for a passport
, both the certificate and the deed would need to be presented as documents of identity. In Northern Ireland, for children between the ages of two and eighteen years, only one change of forename(s) and one change of surname may be recorded. In Scotland, a change of name will alter the name on the birth certificate. However, only one change of forename and three changes of surname are permitted.
In re Parrott, Cox v Parrott [1946] Ch 183, Justice Harry Vaisey
stated that he did not believe that a deed poll could be used to change a person's Christian name (first name)--that could be done by only an Act of Parliament
. Deeds that change a person's first name can be registered by the applicant in the Enrolment Books of the Supreme Court of Judicature, which is located within the Royal Courts of Justice in the Strand, London, and they are usually endorsed "Notwithstanding the decision of Mr Justice Vaisey in re Parrott, Cox v Parrott, the applicant wishes the enrolment to proceed".
Change of name deed by [former name] of [address]
I have given up my name [former name] and have adopted for all purposes the name [new name].
Signed as a deed on [date] as [former name] and [new name] in the presence of [witness's name, signature and address].
THIS CHANGE OF NAME DEED made this day day of month year
BY me the undersigned new name in full of address excluding county and postcode in the County of county now or lately known as old name in full a British citizen under section 1(1) (or a Commonwealth citizen under section 37(1)) of the British Nationality Act 1981
WITNESSES AND IT IS HEREBY DECLARED as follows:-
(i) I absolutely and entirely renounce relinquish and abandon the use of my said former name of old name in full and assume adopt and determine to take and use from the date hereof the name of new name in full in substitution for my former name of old name in full,
(ii) I shall at all times hereafter in all records deeds documents and other writings and in all actions and proceedings as well as in all dealings and transactions and on all occasions whatsoever use and subscribe the said name of new name in full as my name in subsitution for my former name of old name in full so relinquished as aforesaid to the intent that I may hereafter be called known or distinguished not by the former name of old name in full but by new name in full only,
(iii) I authorise and require all persons at all times to designate describe and address me by the adopted name of new name in full.
IN WITNESS whereof I have hereunto subscribed my adopted and substituted name of new name in full and also my said former name of old name in full and have set my hand the day and year first above written.
SIGNED AS A DEED
by the above-named
_____________________________________ (new signature) ____________________________________ (old signature)
new name in full, formerly known as old name in full
in the presence of
_____________________________________ (first witness's signature) _____________________________________ (second witness's signature)
first witness's name and address, second witness's name and address
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, which enables a single person or a family to officially change his or her name
Name change
Name change generally refers to a legal act allowing a person to adopt a name different than their name at birth, marriage, or adoption. The procedures and ease of a name change depend on the jurisdiction. In general, common law jurisdictions have loose limitations on name changes while civil law...
. In informal usage it is referred to simply as a deed poll, although other kinds of deed poll
Deed poll
A deed poll is a legal document binding only to a single person or several persons acting jointly to express an active intention...
exist.
Such a deed is not a legal requirement for a name change in the UK but organisations such as bank
Bank
A bank is a financial institution that serves as a financial intermediary. The term "bank" may refer to one of several related types of entities:...
s and government departments may not recognise the change of name without this or a statutory declaration
Statutory declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth nations. It is similar to a statement made under oath, however, it is not sworn....
.
Legal procedure
In England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, such a deed may be registered in the Central Office of the High Court. Deeds so registered are advertised in the London Gazette
London Gazette
The London Gazette is one of the official journals of record of the British government, and the most important among such official journals in the United Kingdom, in which certain statutory notices are required to be published...
. A deed of name change on behalf of a minor must be approved by the Senior Master
Judiciary of England and Wales
There are various levels of judiciary in England and Wales — different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of the Court of Appeal of England and Wales are generally...
on behalf of the Master of the Rolls
Master of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
who will take into account the child's best interests
Best interests
Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children. The most important of these issues concern questions that arise upon the divorce or separation of the children's parents...
. Registration of deeds is regulated by the Enrolment of Deeds (Change of Name) Regulations 1994, Statutory Instrument
Statutory Instrument
A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
1994 No. 604. Compared to some other European countries, e.g. Germany, a name change in the UK is easy and virtually unrestricted regarding choice.
The procedure, requirements and law surrounding the issue in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
are similar as in England and Wales.
In the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, a deed poll of change of name is obtainable from the Central Office of the Four Courts
Four Courts
The Four Courts in Dublin is the Republic of Ireland's main courts building. The Four Courts are the location of the Supreme Court, the High Court and the Dublin Circuit Court. The building until 2010 also formerly was the location for the Central Criminal Court.-Gandon's Building:Work based on...
, Dublin at a cost of €30. Like in the UK, there are very few restrictions on name changes. One is that foreign nationals must also obtain a change of name license from the Irish Naturalisation and Immigration Service. One of Ireland's most noted name changers was the politician Seán Loftus, who repeatedly added middle names referring to his political views so that they would appear on election ballot papers.
Registration of a deed of change of name is not a legal requirement in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. A standard legal document, with stock wording, filled in by the person making the deed poll, and signed in presence of a witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
, carries sufficient legal authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
to be recognized. The witness need not be a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
but can be anyone over the age of 18 independent of the person changing their name.
In England, Northern Ireland and Wales, a deed of change of name will not change the name on a birth certificate. For instance, when applying for a passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
, both the certificate and the deed would need to be presented as documents of identity. In Northern Ireland, for children between the ages of two and eighteen years, only one change of forename(s) and one change of surname may be recorded. In Scotland, a change of name will alter the name on the birth certificate. However, only one change of forename and three changes of surname are permitted.
In re Parrott, Cox v Parrott [1946] Ch 183, Justice Harry Vaisey
Harry Vaisey
Sir Harry Vaisey was a senior judge in the Chancery Division of the High Court of Justice in England and Wales. Mr Justice Vaisey has a certain level of notoriety for some of his more colourful turns of phrase, for example he is noted as saying:...
stated that he did not believe that a deed poll could be used to change a person's Christian name (first name)--that could be done by only an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
. Deeds that change a person's first name can be registered by the applicant in the Enrolment Books of the Supreme Court of Judicature, which is located within the Royal Courts of Justice in the Strand, London, and they are usually endorsed "Notwithstanding the decision of Mr Justice Vaisey in re Parrott, Cox v Parrott, the applicant wishes the enrolment to proceed".
Misconception
There is a great deal of confusion, within the UK particularly, about what a deed of change of name actually is. Although in theory it's nothing more than a document that can be prepared at home free of charge, due to the common expression "to change one's name by deed poll" many people incorrectly think that "Deed Poll" is an official Government office or similar where one registers a change of name. Numerous websites have sought to capitalise on this misunderstanding by creating official looking, yet completely unnecessary 'deed poll' websites that charge people to create these documents on their behalf.Wording
The following simple wording is sufficient:Change of name deed by [former name] of [address]
I have given up my name [former name] and have adopted for all purposes the name [new name].
Signed as a deed on [date] as [former name] and [new name] in the presence of [witness's name, signature and address].
Alternative wording
DEED POLL ON CHANGE OF NAMETHIS CHANGE OF NAME DEED made this day day of month year
BY me the undersigned new name in full of address excluding county and postcode in the County of county now or lately known as old name in full a British citizen under section 1(1) (or a Commonwealth citizen under section 37(1)) of the British Nationality Act 1981
WITNESSES AND IT IS HEREBY DECLARED as follows:-
(i) I absolutely and entirely renounce relinquish and abandon the use of my said former name of old name in full and assume adopt and determine to take and use from the date hereof the name of new name in full in substitution for my former name of old name in full,
(ii) I shall at all times hereafter in all records deeds documents and other writings and in all actions and proceedings as well as in all dealings and transactions and on all occasions whatsoever use and subscribe the said name of new name in full as my name in subsitution for my former name of old name in full so relinquished as aforesaid to the intent that I may hereafter be called known or distinguished not by the former name of old name in full but by new name in full only,
(iii) I authorise and require all persons at all times to designate describe and address me by the adopted name of new name in full.
IN WITNESS whereof I have hereunto subscribed my adopted and substituted name of new name in full and also my said former name of old name in full and have set my hand the day and year first above written.
SIGNED AS A DEED
by the above-named
_____________________________________ (new signature) ____________________________________ (old signature)
new name in full, formerly known as old name in full
in the presence of
_____________________________________ (first witness's signature) _____________________________________ (second witness's signature)
first witness's name and address, second witness's name and address
External links
- Citizens' Advice Bureau (UK). How to change your name
- DIY Deed Poll
- Web-based DIY Deed Poll generator
- Her Majesty's Courts & Tribunals Service. Enrolling a name change in the Royal Courts of Justice March 2008. (Microsoft Word document; includes standard wording)