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A change of name deed is a legal document used in the UK to record a person’s decision to change their name officially. This document is prepared when someone decides to adopt a new name legally.
After creating a change name by deed, the next steps involve certifying it with a solicitor or authorized professional, notifying relevant authorities, and updating personal and official records to reflect the new name.
Following these steps ensures that your new name is legally recognized across all platforms, including government and private organizations.
Common Types of Deed of Name Change
- Enrolled Deed
- Unenrolled Name Change Deeds
What is the Difference Between Enrolled and Unenrolled Deeds?
A deed poll can be either enrolled or unenrolled, depending on whether it is registered as a public record. Here’s the difference:
Enrolled Deed:
As the name suggests, an enrolled deed is officially recorded in public records, such as the government gazette. This involves submitting the deed poll to the Royal Courts of Justice in the UK, making it a recognized part of public records.
Enrolling a deed provides added credibility and makes the name change more official for certain legal purposes.
Unenrolled Deed:
An unenrolled deed is a name change document that is created, signed, and certified but not submitted for registration in public records. While it is still legally valid and recognized by most institutions, it does not appear in any government gazette or public record.
| Features | Enrolled Deed | Unenrolled Deeds |
|---|---|---|
| Government Registration | Required Via Royal Court of Justice | Not Required |
| Public Record | Published into Gazette Accessible to Public | Not part of public record, it remains private |
| Processing Time | It takes more time because of the court procedure involved | Very quick because only certification by a solicitor is involved |
| Who can use it | Minor and Adults | Minor and Adults |
| Accepted by Passport Office | Yes, universally accepted | Most cases Yes, in sensitive verification they might reject |
| Risk of Fraud | Minimal, as the process is thoroughly vetted and publicized | Slightly higher, as it relies on self-creation and verification |
A Common Reason for Changing Name
I am originally from India, where it’s a common practice for all names to be written under the “Given Name” section on the passport, leaving the “Family Name” field blank. While this might be fine in India, Pakistan, or other parts of Asia, it becomes a significant issue here in the UK.
Whenever I tried to open a bank account or apply for a mortgage, people would ask, “What kind of name is this?” or “Why is your family name missing?” This problem caused me a lot of frustration, and I finally decided to fix it.
Today, I visited a lawyer near my residence in London to understand the process of legally changing my name in the UK. The lawyer provided me with a free explanation of the process and clarified that there are two main ways to change your name in the UK:
Step by step Process of Preparing a Change Name on Deed
Provide Details
You will need to provide:
- Your old name.
- Your new name.
- Your current residential address.
Include a Legal Declaration
The Deed must clearly state that:
- I no longer use my previous name
- You will henceforth be known by your new name.
- You will use your new name for all legal, professional, and social purposes.
Witness Requirement
- A witness must be present when signing the Deed.
- The witness cannot be a member of your family.
- A solicitor often acts as the witness.
- In case of minor involved you need someone who knows you for 10 years
Solicitor’s Certification:
- The solicitor will sign and seal the Deed to certify it as a legally valid document.
Send it to the Royal Court of Justice
- After filling out the forms and getting vetted by an approved certifier send them to the Royal Court of Justice
Essential Requirements to Change a Child Name
The first and most important requirement for changing a child’s name is the consent of all individuals who hold parental responsibility for the child. Without this consent, the name change process cannot proceed.
It is highly recommended that a child’s name be changed through an enrolled deed poll to ensure proper legal recognition. Once the deed poll certificate is received, the child’s name can be updated across all official records.
Until the new name is officially updated, the child’s birth certificate can still be used as proof of identity. However, after obtaining the name change certificate, it is important to update the name on the birth certificate to avoid any future discrepancies.
Can a Child’s Name Be Changed Without Parental Consent?
If parental consent is not available, changing a child’s name becomes a complex process. In such cases, an application must be made to the court for a Specific Issue Order.
This order is accompanied by an affidavit detailing the reasons for the name change. Courts treat matters involving children with great care and will only approve a name change if it serves the child’s best interests.
Can I Change My Daughter’s Surname?
Yes, you can change your daughter’s surname, but the process may require additional steps:
Re-Registering the Birth Certificate:
- To change a surname, the child’s birth certificate must be re-registered.
- This re-registration can only be done under specific conditions:
- Adding the father’s name to the birth certificate.
- Adding or correcting the mother’s name on the birth certificate.
- If the parents were not married at the time of the child’s birth.
- If legal parents were not present during the child’s birth registration.
- During adoption, when the court grants sole parental responsibility to another individual or family.
Valid Reasons for Child Name Change UK
- Correcting Spelling Errors or Resolving Confusion: A child’s name can be changed to fix any spelling mistakes or to eliminate confusion caused by similar or incorrect names.
- After Divorce: If a divorce occurs and one parent is no longer involved in the child’s life, the present parent can change the child’s surname to remove the absent parent’s name.
- Adding a Parent’s Surname: A child may choose to adopt the surname (family name) of the parent they are living with.
- After Remarriage of a Parent: If a divorced parent remarries and the child moves in with the new family, they may adopt the new family’s surname.
- Adoption: In cases of adoption, a child may take the surname of their new family.
- Cultural or Religious Reasons: A child may wish to add a tribal or cultural name to their identity. If the child changes their religion, they may adopt a name reflecting their new faith, such as adding “Masih” or “Hussain Muhammad.”
Updating Property Deeds After a Name Change
If you have changed your name using a deed poll or through a solicitor’s name change process, it is essential to update your property deeds. This ensures that your name is always correctly reflected on your property and mortgage statements.
Keeping your property records updated allows you to handle any future issues effectively and take prompt action when needed. Below are some key reasons why updating your property deeds after a name change is crucial:
Legal Requirement
It is a legal obligation to ensure your name on property ownership documents matches your current legal name. Please update these records to avoid complications in the future.
Inheritance Issues
In case the legal owner passes away, complications may arise during the inheritance transfer process. Similarly, if you wish to sell the property, an incorrect name can create significant delays or legal obstacles.
Selling Property
If a property owner wants to sell their property, they can only proceed with the correct name on the deeds. This makes it mandatory to update the property records after a name change.
Example 1: Name Change After Marriage
Imagine a property owner named John Wick changes his name to John Smith after getting married. However, he hasn’t updated the property ownership documents to reflect his new name. For years, he has continued paying his mortgage under his old name.
Later, when it’s time for mortgage refinancing or resolving tax liens, his new name (John Smith) doesn’t match the name on the property deeds (John Wick).
This mismatch leads to delays in processing the paperwork, lengthy legal clarifications, and additional costs. Such a situation not only wastes time but can also create financial losses or even jeopardize his ownership rights.
Example 2: Property Sale or Inheritance Transfer
Let’s assume John Smith decides to sell the property. Since the name on the ownership documents is still John Wick, potential buyers or authorities will question the legitimacy of the sale.
Proving that John Wick and John Smith are the same person can involve providing extra legal documents, court orders, or affidavits, which can delay the sale significantly.
Similarly, suppose John Smith (formerly John Wick) passes away without updating the deeds. In that case, his heirs may face significant challenges in transferring the property under inheritance laws, leading to disputes and delays.
Change Name by Deed Vs Statutory Declaration
| Aspect | Change Name by Deed | Statutory Declaration |
|---|---|---|
| Purpose | Specifically for changing your name. | To confirm any legal fact or statement |
| Preparation | A simple document, often prepared by a solicitor. | A formal document, typically prepared by a solicitor. |
| Procedure | Requires only certification by a witness or solicitor. | Requires signing in the presence of a Commissioner for Oaths or Notary Public. |
| Legal Status | Recognized by all UK institutions for name changes. | Has broader legal applicability and can be presented as evidence in court. |
| Cost | Generally cost-effective and simpler. | May be slightly more expensive due to formalities. |
| Examples of Use | – Changing your name from “Ali Khan” to “Muhammad Ali.” | – Proving ownership of property. – Confirming marital status. |
| Complexity | Straightforward and private. | More formal with additional steps like oath-taking. |
Understanding the Difference with an Example
Change of Name Deed: If you want to change your name from “Ali Khan” to “Muhammad Ali,” you would prepare a Deed. This document will officially declare that you will now be known as “Muhammad Ali” for all purposes moving forward.
Statutory Declaration: If you need to prove in court that you and your spouse are living separately or that you own a certain property, you will prepare a Statutory Declaration.
This document will state under oath that the information you are providing is true.
Frequently Asked Questions (FAQ)
1. Who Can Certify a Name Change of Name Deed?
The following professionals can certify a Name Deed:
- Solicitor: A qualified legal professional.
- Notary Public: Recognized for international certifications.
- Commissioner for Oaths: For administering oaths and certifying documents.
Other professionals, like doctors or accountants, cannot certify a Name Deed, as it is a legal document requiring specific legal authority.
2. Who Can Witness a Name Change Deed?
Any adult (18 years or older) can witness a Name Deed, provided:
- They are not a member of your family.
- They know you personally.
- They are mentally capable and sign the document independently.
3. Is It Necessary to Have a Solicitor for Creating a Name Change Deed?
No, it is not mandatory to involve a solicitor or lawyer to create a name change deed, whether enrolled or unenrolled. However, their role becomes important when it comes to certifying the document. Here’s when a solicitor or commissioner of oath might be needed:
- Certification: After drafting your name change affidavit, you may need a solicitor or commissioner of oaths to certify the document to make it legally valid.
- Sensitive or Complex Situations: In certain cases, such as divorce, child custody disputes, or inheritance transfers, consulting a solicitor is highly recommended. These situations often involve legal complexities where professional advice ensures the name change is recognized and does not interfere with ongoing legal matters.
- Recommendation: While it is not obligatory to hire a solicitor to create a name change affidavit, seeking legal assistance for certification or in sensitive situations can save time, avoid errors, and ensure smooth processing.
4. Is It Mandatory to Register a Change of Name Deed?
No, it is not mandatory to register or enroll in a Change Name by Deed. Once you create a name change deed, the first step is to have it certified by an authorized person, such as a solicitor or commissioner of oaths. Certification makes the document legally valid.
Whether you choose to register (enroll), the deed depends on your circumstances. Suppose you want your name change to be part of public records, for example, in situations like child custody cases, inheritance transfers, or other legal matters requiring transparency. In that case, it is advisable to enrol the deed through the Royal Courts of Justice.
However, if you are using the deed for personal updates, such as changing your name on a passport, driving license, or marriage certificate, there is no need to enrol it. In such cases, a certified unenrolled deed is sufficient, and the lack of enrolment does not affect its validity for personal use.
So, while enrollment is optional, it can provide additional legal security in complex cases, but it is not necessary for routine updates.
5. Can You Submit Your Deed Poll Document In-Person Instead of By Post?
Yes, if you do not wish to send your deed poll document via post, you can personally drop it off at the Royal Courts of Justice.
The drop-off service is available at the main entrance of the court, and you can submit your documents by hand during their working hours, which are from 9:00 AM to 5:00 PM. This option is convenient if you prefer to ensure immediate delivery without relying on postal services.
6. How to Contact the Deed Poll Team in Case of an Emergency?
If you have an emergency related to your deed poll, there are two ways to contact the official deed poll team:
- By Phone: You can call the deed poll team at 020 3936 8957. After dialing, press option 6 and explain your matter to them. Their phone lines are open from 10:00 AM to 4:00 PM.
- By Email: You can email your query to kbdeedspoll@justice.gov.uk. If you do not receive a response immediately, allow the team up to 10 working days to reply to your email.
7. When is it Mandatory to Change Your Name Through an Enrolled Deed Poll?
- After Divorce: A copy of the divorce certificate must be submitted with your deed poll application (original not required).
- After the Death of a Partner: The death certificate of your partner is required as supporting documentation.
- During Adoption: The adoption certificate is a mandatory document for changing a name in this situation.
- After Marriage: A consent letter from your partner is needed, certified by a solicitor or commissioner of oaths.
References :Adult Name Change
Minor Name Change
Enroll deed with the Royal Court of Justice
Gazette
Get a deed Poll