Deed Poll Overview
Important Note:
A Deed Poll document is simply a written legal agreement, it is not any form of certificate. We would also like to point out that there is no such thing as a Government (or 'Official') website, agency or department for acquiring a Deed Poll document in the UK. All of the websites on the Internet that offer name change services are run by private companies or individuals, including this one.
What is a 'Deed Poll'?
A Deed Poll (plural: Deeds Poll) is not a certificate, it is a type of contract known as a Deed which is made by one person expressing an intention, or two or more persons expressing the same common intention.
The most common use is a name change through a Deed of Change of Name (often simply referred to as a Deed Poll). A similar document to a Deed Poll is a Master Title Deed, used for recording a change of title, e.g. from Mrs to Dr etc. Deeds Poll and Master Title Deeds are used for this purpose in the UK.
Deeds can also be used for several other purposes. In fact, since 1989 the restrictions on the substance on which a Deed my be based have no longer existed. This means that these days a Deed can be used for almost any purpose. There are several differences between a Deed and a standard contract, and in certain circumstances the use of a Deed is a legal requirement.
Why is it called a 'Deed Poll':
The term "Deed", also known in this context as a "specialty", is common to signed written agreements not supported by consideration and that meet certain common law and statute requirements. They would have originally been executed 'under seal' which means that instead of being signed the person making the Deed would have placed a wax seal on the document. This would be done by placing a blob of hot wax on the document and stamping it with their seal or mark. Today Deeds are executed 'under hand', that is to say by signature. In actual fact, Deeds have not needed to be 'sealed' since 1989. "Poll" is an archaic legal term referring to documents with straight edges. See Indenture below:
A less well known form of deed is called an Indenture which is made by two or more separate parties. Indenture Deeds were originally made on a single piece of parchment with the agreement copied for each person, and the copies cut in half. The cut would have been made in a wavy line so that only matching pieces would fit together, this would allow the Indenture to be identified at a later date.
What is a 'Deed of Change of Name'?
A Deed of Change of Name is a legal document in the United Kingdom, which enables a single person or a family to officially change one's name and is bound to the undertakings in the same. It is a type of Deed Poll (see above) and in informal usage is usually referred to simply as a Deed Poll.
There are various reasons why a person would want to formally change his or her name:
- breakdown of marriage or civil partnership (revert to former name)
- correcting a spelling mistake
- adding or removing a middle name
- changing from a male to female name or vice-versa (sex change)
- formalising the informal usage of a different name
- taking the surname of a new partner (child name change)
- taking the surname of a new partner (un-married couples)
- change of title
- unhappy with current name
- wish to adopt 'stage name'
- current name too difficult to spell or pronounce on the phone
Please note that you do not require a 'valid reason' to change your name.
Are Deeds registered anywhere?
In England and Wales, a Deed may voluntarily be registered in the Central Office of the High Court. Deeds so registered are advertised in the London Gazette. Registration of Deeds is regulated by the Enrolment of Deeds (Change of Name) Regulations 1994, Statutory Instrument 1994 No. 604.
However, the registration of a Deed of Change of Name is not a legal requirement in the United Kingdom. A Deed Poll supplied by The UK Deed Poll Office and signed in the presence of an independent witness carries sufficient legal authority to be recognised. The witness need not be a Solicitor and can be any person over the age of 18 providing they are independent of the person changing one's name. Organisations such as banks and Government Departments will not recognise a change of name unless presented with such a Deed.
In the UK, a Deed of Change of Name will not change the name on the person's Birth Certificate (because it is an 'historic record of the fact'). For instance, when applying for a Passport, both the Birth Certificate and the Deed would need to be presented as documents of identity.
Related Pages :
If you would like to learn more you may find the following links helpful:
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