Changing name by deed poll - anyone done this?

[haggis1984]

Afternoon Caggers

 

I was wondering if anyone has any experience of changing their name by deed poll and can share any advice? Some googling returned a few companies who will provide documentation for a fairly small fee, but being on a low income I'm somewhat reluctant to use any of them without knowing anyone else who has.

 

Do I need to use one of these companies?

 

Any advice gratefully received

[Blondmusic]

I got a local solicitor to do my deed poll for less than £50 but this was back in 1997. I would phone round some local solicitors and ask how much they charge.

[cerberusalert]

You don't even need to go the deed Poll route, You can do it by Common Usage or a Statutory Declaration which can be notarized for about £5. http://en.wikipedia.org/wiki/Name_change#England_and_Wales

[Yam950]

I changed mine by deed poll and used a solicitor. Cost me around £30 but againt hat was a few years back.

[cerberusalert]

I did it by 'Common Usage' about 30 years ago, dropped my surname and used my middle name as a new surname. Changed both my UK & Canadian passports, driving licenses & NI details with no problems.

[haggis1984]

Thanks Ceberus, I'll try going the statutory declaration route. The wikipedia info is fairly limited, how do I go about drafting one?

[cerberusalert]

I ....................(old name [in full, even if only changing a part of your name], address and occupation) do solemnly and sincerely declare:

 

1. I absolutely and entirely renounce, relinquish and abandon the use of my said former name of .................... and assume, adopt and determine to take and use from the date hereof the name of ..................... in substitution for my former name of .................... .

 

2. I shall at all times hereafter in all records, deeds and other writings and in all actions and proceedings, as in all dealings and transactions and on all occasions whatsoever, use the said name of ................... as my name in substitution for my former name of .................... so relinquished as aforesaid to the intent that I may hereafter be called, known or distinguished not by the former name of ................... but by the name of .................... only.

 

3. I authorise and require all persons at all times to designate, describe and address me by the adopted name of ....................

 

AND I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

Declared at ........................................

 

this .................... day of ..................... 200- .................... (signature) ....................

 

before me ....................

 

A solicitor empowered to administer oaths

[cerberusalert]

You can then send a copy of your sworn declaration to e.g. bank, Passport Office etc. as proof of your change of name.

[honeybee13]

Well that should be worth a donation to CAG . You're a star, cerberusalert.

 

My best, HB

[haggis1984]

That's brilliant, thanks so much

 

One last question...how do I go about getting it notarized?

[honeybee13]

From cerberusalert 'A solicitor empowered to administer oaths'.

 

Is it still called a commissioner for oaths? It may involve a small fee.

 

My best, HB

[haggis1984]

Would it be a Notary?

[cerberusalert]

The statutory fee in 2007 was £5 so it may have risen a little but a tenner at the most.

[cerberusalert]

Take it into any high street firm of solicitors and ask for it to be declared/sworn.

[haggis1984]

Will do, Thanks again Ceberus

[perplexity]

£5 to swear an oath is a mug's game.

 

I drafted a deed of my own, with no solicitor, ... good enough to apply for a UK passport with no objection, no further fuss or question asked about it.

[cerberusalert]

In England/Wales a SD can be used to change most official documents except a birth certificate, however in Scotland you can; http://www.dundeecity.gov.uk/supportservs/changingname/

[haggis1984]

Ah despite my username I am now living in England. Website for the passport service is confusing the hell out of me though....reads to me that they need to see a deed poll. Cant see any mention of an SD: http://www.direct.gov.uk/en/TravelAndTransport/Passports/Howtochangethenameonyourpassport/DG_174166

[perplexity]

 

deed n. A written document that must make it clear on its face that it is intended to be a deed and validly executed as a deed. Before 31 July 1990, all deeds required a seal in order to be validly executed, but this requirement was abolished by the Law of Property (Miscellaneous Provisions) Act 1989. A deed executed since that date by an individual requires only that it must be signed by its maker in the presence of a witness, or at the maker's direction and in the presence of two witnesses, and delivered. ....

(from A Dictionary of Law, Oxford University Press)

[cerberusalert]

If your birth was registered in Scotland then you can still change it. A SD is adequate for the Passport Office, it's a legal document.

[honeybee13]

Hello again. I found this on directgov, it links through to HMCS [courts service].

 

I haven't read it all, but hope it will help you.

 

My best, HB

[haggis1984]

I was indeed registered in Scotland, I'll make some phone calls tomorrow, this looks a much simpler route. Thanks CB

[perplexity]

"SD" confuses the issue.

 

The relevant legislation, to apply for an identification card or whatever else, refers to a deed or a deed poll.

 

"statutory declaration" implies, usually, that a law requires that the declaration is made. A deed poll is voluntary, the prerogative of the person.

Edited July 20, 2011 by perplexity

[cerberusalert]

Check the link in post #16 But you will still have to make a SD as well in order to change your birth certificate.

[perplexity]

Check the link in post #16 But you will still have to make a SD as well in order to change your birth certificate.

 

This?

 

http://www.dundeecity.gov.uk/supportservs/changingname/

 

Nothing there tells me that you have to make a SD as well.

 

All it says about a statutory declaration is that "the Dundee Registrar may be able to provide you with a statutory declaration which should normally be accepted as proof", which is no surprise.

 

If there happens to be a law to insist that a "statutory declaration" is required in Scotland, to change a name, please, by all means identify the Statute, which I am yet to be made aware of.

 

In the mean time, a deliberate misrepresentation of advice from a City Council fails to convince.

 

More to the point:

 

Remember however, that circumstances may allow or require a change to be made in other ways and a Recording of Change of Name might not be appropriate.