Deed poll

A deed poll (plural deeds poll ), or more precisely deed of change of name , is a document used in some countries to prove a name change , which is not issued by an official body, but, if it meets the formal requirements of a deed , by the Name changing can be done by yourself. The English naming law , which is based on common law , is not subject to special public law restrictions , unlike in the Roman-Germanic legal system , for example in Germany, France, Spain or Italy. Indeed, English law, along with Scottish law (Scots law) , has by far the most liberal and generous of regulations regarding name changes. There is no civil name in the strict sense in English law; legal name is the name that is actually used by a person in legal transactions. This person is free to change the name at his own discretion, with the exception of not pursuing any fraudulent intent with the name change being not subject to any normative or content-related restrictions.

How a deed poll works

Deed poll as a unilateral declaration of intent

In English common law and legal systems derived from it, deed is a private document which, provided it meets the formal legal requirements, makes every declaration of intent legally valid. However, the declaration of intent that is given by the deed expression applies to everyone. Deeds play an important role in English land law, but also when changing names. Strictly speaking, a deed poll does not carry out the name change: according to common law, this happens simply by using a new name. Therefore, the common expression in England, change one's name “by deed poll” is not accurate. In times of terrorism and identity theft , the practical significance of the freedom of form of name change in common law can of course be questioned; Nevertheless, the following applies: a deed poll is evidence of a name change; it is a legally binding document, not a certificate in the traditional sense.

There is also the option of using several names. Foreigners are often amazed when asked for “all the names by which one is or was known”, for example when opening an account. If several names are used - and this is not limited to artist, married or professional names - it is possible to have these entered in the passport under the heading "also known as" 'alias'. It is also still possible to change your (actual) name in your passport without a deed poll . The changed passport is then used as documentary evidence .

As long as there is no fraudulent intent, every citizen is free to use a new name. Since the middle of the 19th century, however, the custom has developed that a name change requires at least formal evidence if official papers are to be changed. A deed poll is just such evidence of a name change. The declaration of intent given in the deed to have filed the old name and adopted a new one, as well as the obligation to use this name instead of the old one, is sufficient evidence of a name change. Deeds polls are by no means the only documents that are accepted as evidence in England. Also common are sworn statements (statutory declarations) ; Marriage certificates - there is no common married name in England; in addition, it is often common to use either the married name or the maiden name, depending on the situation); Divorce decree ( decree nisi or absolute ) and copies of two advertisements in national newspapers. The latter variant has become increasingly rare in recent years, not least because of the low costs and the low effort involved in executing a deed poll .

Formal requirements

As in principle all deeds , deeds polls also require the signature of the exhibitor, whereby the signature must be placed under the closing formula of the deed in the presence of a witness. The witness himself must also sign with the address and professional information. Anyone who is of legal age, is not related to the person changing the name and does not live in the same household can be a witness. The specialty of a deed poll is that the person changing the name signs twice, first with the previous name, then with the new name. These formal requirements are of particular importance because they give the deed its unrestricted validity. One position is i. d. Usually not authorized to reject a deed poll if it has been carried out properly. While Deeds today are mainly characterized by the fact that they begin with the input formula By this Deed ... 'Through this Deed ...', in earlier times a seal stamp had to be applied to the Deed Poll . According to current case law, this is no longer necessary; however, deeds polls issued on the Internet or by lawyers (solicitors) contain a printed red seal, which today no longer has any legal significance. There are no restrictions on the number of deeds polls that a person can use to change their name during their lifetime.

Internet provider

In principle, as already mentioned , a deed poll can be issued by the person changing the name, provided that he or she observes the wording (which corresponds to all deeds according to the convention) and the corresponding formalities. But there is still a widespread opinion that a deed poll is an officially issued document. A deed poll is actually a legal document, but it is not issued by an official body, and a name change does not necessarily have to be reported to an official body (at least in the UK, but also in other common law states there are no identification systems or reporting systems) . A deed poll does not need to be carried out by a lawyer; While Internet services offering Deeds Poll online for prices between £ 5 and £ 50 are very widespread and widely used, this is not necessarily necessary. These online offers are all organized privately and have nothing to do with the authorities, even if the company names are sometimes misleading.

Recognition by official bodies

The Passport and Identity Agency , DVLA (the national driver's license office in Swansea ), the Border Agency , Her Majesty's Revenue and Customs as well as other authorities, banks, savings banks, employers, schools etc. recognize Deeds Poll as sufficient evidence of a name change. The Passport Office declares, within its discretion, not to issue a passport in a new name if it is clearly found to be misleading, offensive or racist. This does not mean that the name change is not valid, just that a passport will not be issued for that name. The practical meaning of this rule is very limited as changes such as Captain Fantastic Faster Than Superman Spiderman Batman Wolverine The Hulk And The Flash Combined (formerly George Garrett), Her Majesty The Queen , Willy Wonka and Bruce Willis have so far been easily accepted. Parliamentarian Neil Hamilton's wife Christine Hamilton briefly changed her name to Mrs British Battleaxe for a public relations stunt . In protest against a tour operator, Austin Kettle changed her name to Mrs. Lorraine Darla I Hate Thomas Cook And It's Associates Big Shot Company Treading on the Little Guy Leeks .

While Swiss authorities do not recognize Deeds Poll and therefore the passport of a Swiss citizen cannot be changed (unlike common law, civil law does not usually follow the so-called domicile principle; British citizens can of course have their passport changed), the latter is, for example open to get a driver's license in the new name. For this purpose, the passport, the deed poll document and the old driver's license must be presented (mail is generally sufficient). Driving licenses issued in the United Kingdom are also fully valid within the European Union, e.g. in Germany, even if they are issued in the English name. However, they cannot be used as proof of identity outside of Great Britain (and probably also Ireland because of the border-free travel zone). The driver's license office in Cologne advises against using a driver's license in another name; but this has practical, not legal reasons. Most UK authorities have special forms for changing personal information. Deeds polls , affidavits, marriage and divorce certificates are always recognized as proof of a name change . Copies are generally not accepted, if need be “certified” (although there is no official certification in the UK). It requires no enrollment for official recognition of a Deed Poll .

Enrollment in the Royal Courts of Justice

A deed poll always remains in the possession of the exhibitor; nor does it have to be registered anywhere, not even with the Passport and Identity Service (even if a citizen does not have a passport, births and deaths are registered there). Deeds Polls issued in England and Wales can (but do not have to) be registered ( enrolled ) in court at the Royal Courts of Justice in London , or more precisely at the Central Office of the High Court of Justice . This is a completely voluntary process and happens extremely rarely; it should be seen as a status symbol rather than a legal requirement. If you register your deed poll with the Royal Court of Justice, you will usually have a special reason, e.g. B. because he is a public figure or wants to make the name change "special" official. This was e.g. B. the case when Elton John registered his deed poll . Although of minor importance, the essential requirements for enrollment are explained below.

Enrollment for a deed poll is limited to holders of British (whether British Citizenship or any other form of British nationality) or other Commonwealth or Irish nationality (all other nationals are considered foreigners ( aliens ) under British law) and comes with a fee of around £ 80 connected. In addition, with regard to enrollment, special regulations are applied by the court - the current version of the current regulation was drawn up by Lord Thomas Bingham, then still Master of the Rolls -. Married persons require the permission of the spouse before an enrollment is approved. Like the Passport and Identity Agency , the court has some discretion to reject a deed poll if the name is clearly ridiculous, obscene, unpronounceable (e.g. because it contains numbers) or illegal, e.g. B. racist. However, this has no influence on the validity of the name change itself : The only question here is which additional conditions must be met to approve the enrollment . If a deed poll is not enrolled , it is not registered anywhere; however, a news advertisement in a national or local newspaper can be placed instead, if desired. An enrollment is associated with a publication of the registered deed in the London Gazette ; this is already included in the fee.

Another peculiarity of the enrollment is the decision of the judge Justice Harry Vaisey in Re Parrott: Cox v Parrott : Vaisey was of the opinion that a Christian name given at a christening ceremony could not be changed by deed poll (or the document would be insufficient evidence of a name change), since such a name was given by God. In this respect, according to Vaisey, a parliamentary law is required, because the British Parliament enjoys full sovereignty. Even if such Christian names in and of themselves may be rare today, Vaisey's judgment has been largely ignored. Although binding in common law - and Vaisey did not speak here in the obiter dictum - Deeds polls that change a baptismal name are registered, but under the caveat that the sentence “Notwithstanding the decision of Mr Justice Vaisey in re Parrott, Cox v Parrott , the applicant wishes the enrollment to proceed «is inserted into the application. This regulation defies logic and it is doubtful whether this is a good right. Should such a case come to court again (which is unlikely since Re Parrott is not considered binding, as mentioned above), the chances are very good that Vaisey's judgment will be revised. Vaisey's verdict never had practical application to unregistered deeds poll .

As I said, enrollment is extremely rare; it rarely occurs and is of little relevance in this context. An unregistered deed poll - including that of a non-Commonwealth or Irish citizen - is fully valid evidence of a name change in common law .

Married names

In contrast to general civil law , common law naming law is completely unregulated with regard to married names . There is no common married name; A married name is not decided in the context of a wedding ceremony. The marriage is entered into in the names that the married couple actually wore at the time of the marriage . Like Deeds Poll , marriage certificates (and a fortiori divorce certificates ) are documentary evidence of a name change under common law. A married person can therefore decide for himself in which situations he uses which name; the certificate is sufficient as evidence. The wife of former British Prime Minister Tony Blair (who was born Anthony himself ) uses both the name Cherie Blair and her maiden name Cherie Booth , especially in her job as a barrister .

Weddings between UK and non-UK, especially those coming from civil law jurisdictions, can sometimes lead to married name difficulties. While these difficulties do not apply in the United Kingdom, where naming is free, foreign embassies often, contrary to English law, require a common married name to be established. The problem here is that the foreign partner binds, but the British partner can change their name at any time. It is true that both partners can change their names at any time as long as they remain in the United Kingdom; however, this is not the case abroad. Once the married name has been determined, it cannot be changed outside the applicable public law of the country concerned.

Name changes via deed poll of well-known personalities

Quite a few actors, politicians and artists have carried out or verified their name change through a deed poll . These include Sir Elton John , formerly Reginald Kenneth Dwight; David Bowie , formerly David Robert Jones; Gordon "F" Ramsay , and The Queen actress Dame Helen Mirren , who was born as Ilyena Vasilievna Mironova . Little Britain star David Walliams , who was born as David Williams , is an example of the full validity of a common law name change with no documentary evidence .

English original

BY THIS DEED of change of name, made by myself on this 1st day of January in the year 2011, I, the undersigned, John Doe, of Name Change Road, London, SW1 1AA, a Foreign National now permanently residing in the United Kingdom ;

NOW OR LATELY CALLED Maximilian MUSTERMANN

WITNESSES AND IT IS HEREBY DECLARED on behalf of myself: -

1. I ABSOLUTELTY and entirely renounce relinquish and abandon the use of my said former name of Maximilian MUSTERMANN and assume adopt and determine to take and use from the date hereof the name of John DOE in substitution for my former name of Maximilian MUSTERMANN.

2. I SHALL at all times hereafter in all records 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 John DOE as my name in substitution for my former name of Maximilian MUSTERMANN so relinquished as aforesaid to the intent that I may hereafter be called known or distinguished not by the former name of Maximilian MUSTERMANN but by the name of John DOE only.

3. I AUTHORISE and require all persons at all times to designate and address me by the adopted name of John DOE.

4. IN WITNESS where of I have hereunto set my hand the day and year first inbefore written.

Signed by the above named:

John DOE

Formerly known as:

Maximilian MUSTERMANN

In the presence of this witness:

(name, address, occupation)

translation

BY THIS Name Change Certificate, issued on the first day of January 2011 by myself, undersigned John DOE, resident at Name Change Road, London SW1 1AA, a foreign national now permanent in the UK;

CURRENTLY OR UNTIL RECENTLY KNOWN AS Maximilian MUSTERMANN

TESTIMONY AND IT IS REFERRED TO BY ME:

1. I COMPLETELY give up my old name Maximilian MUSTERMANN, and accept and intend to use the name John DOE instead of my former name Maximilian MUSTERMANN from this day on.

2. I WILL always use the name John DOE and sign with him instead of my old name Maximilian MUSTERMANN, posted as described above, in all registers, documents and other public correspondence, as well as in all business and transactions and in all situations, so that from now on I only use John DOE as a name, and not the old name Maximilian MUSTERMANN.

3. I AUTHORIZE and request all persons to name and address me at any time using the assumed name John DOE.

4. IN WITNESS of this I put my signature on the date as mentioned at the beginning.

Signed by the above:

John DOE

Formerly known as:

Maximilian MUSTERMANN

As requested witnesses:

(Name, address, job title)

Deeds poll in other countries

United Kingdom

The UK is divided into three jurisdictions, each with their own legal system. Deeds polls are a creature of English common law that also applies in Wales . Northern Ireland law is essentially identical to Anglo-Welsh law. The law of Scotland, on the other hand, shows significant differences and is often referred to as a mixed legal system, which, unlike English law, experienced the reception of Roman-Germanic common law in the 16th century , but in the past centuries, especially since the founding of the United Kingdom 1707, has been heavily influenced by English common law. Deeds polls are recognized by Scottish authorities but are not an instrument of Scottish law. Most commonly, affidavits are used as evidence of a name change. However, since in Scotland, unlike in England, changes to the birth certificate are possible (but no more than three times), it is also possible to apply for changes to this document.

Several countries also used common law instead of European civil law based on Roman law , e.g. B. Australia , India , Ireland , Canada , New Zealand , Nigeria , Pakistan and the United States , but the law in these jurisdictions has developed in different directions after independence.

Other common law states

Due to the expansion of the British Empire , both common law and deed have spread as a legal document in English-speaking countries. Deeds polls do not exist in US law, but they do exist in former colonies that only later became independent from the United Kingdom . Deeds polls are recognized as evidence of a name change in Australia , as well as in Singapore and Hong Kong . Deeds Polls (Irish: Athrú Ainm de réir Gníomhais Aonpháirtí ) are also used in Ireland to change names, but there are two important differences: Irish Deeds Polls must be applied for and registered in court; In addition, foreign nationals may need official approval for a name change before a deed poll can be applied for in court. In Australia, adults cannot do more than two deeds per year. New Zealand abolished Deeds Poll in 1995; affidavits are recognized there as proof of a name change.

Recognition of the English deeds poll abroad

As a special regulation in the course of the First World War , aliens , i.e. all members of non-British, Irish or Commonwealth nationality, were not allowed to change their names from 1919 to 1971 without official approval. This regulatory approval was either in the form of a permit from the Secretary of State for the Home Department or a royal license. However, this did not apply if a foreign partner assumed the spouse's name. Those days are long gone. Some states, mostly members of the Commonwealth of Nations who belong to the Common Law world, easily recognize deeds polls carried out in England , others have special conditions that must be met in order to be recognized. Pakistan's High Commission in London requires its citizens to have a deed poll witnessed by a lawyer for passport changes. The Estonian embassy , which uses civil law, goes further and requires a legalized deed poll document. Most states with civil law recognize Deeds Poll to change the name of one of its nationals not to; this applies, among other things, to Germany (especially for nobility designations), Austria, Switzerland, France, Italy, Spain, Sweden and others; the respective embassies will be able to advise their citizens on this. Even if the passport cannot be changed, i. i.e. if the real name remains in the home country, a deed poll carried out in England is fully valid in the English legal area; All you need to do is submit your passport and deed poll , for example to obtain a British driver's license in your new name or to open an account. It is required, however, that the name changer lives in the United Kingdom; that is, that he is resident there . It is not possible to change your name as a tourist in England; this does not meet the requirements of the residency .

Individual evidence

1. ↑ There is nothing in the law of the United Kingdom to prevent people from changing their name simply by using another one and gradually becoming known by it. A person who wishes to evidence the change may do so by advertising it in the local press, by making a statutory declaration, or by executing a deed poll. In: Home Office Name Change Policy Document ( Memento of April 9, 2012 in the Internet Archive )
2. ↑ EEA1 Application (PDF; 301 kB)
3. ↑ ^{a b} The application form, fee and supporting documents for a passport name change: Directgov - Travel and transport
4. ↑ Identity & Passport Service policy document: Names and changes of name; section: Evidence of a change of name
5. ^ Anson's Law of Contract , Part 3
6. ↑ Identity documents and photograph criteria: Directgov - Motoring
7. ↑ although these apparently no longer require documentary evidence : HMRC Change of Details
8. ↑ A change of name that would potentially offend a large proportion of the population and be considered against public policy and general moral standards is unacceptable. These may be names that have religious connotations that will outrage an identifiable section of the public ... It will not be enough for the examiner to find the name offensive, but the fact that the examiner is offended will alert him or her to the need for caution and to seek the views of the line manager. in: ips.gov.uk Identity and Passport Service: Name and Change of Name
9. ^ BBC News
10. ^ Meet Her Majesty the Queen, a bloke from Aberdeen - The Daily Record
11. ^ Metro London News
12. ↑ Die Hard fan changes name to Bruce Willis (From The Northern Echo)
13. ^ Daily Telegraph: Christine Hamilton Changes Name to Mrs British Battleaxe
14. ^ Daily Mail: Meet Mrs I Hate Thomas Cook
15. ↑ Message from May 4th 2011: The British driver's license is legally valid in the Federal Republic of Germany. However, it does not make sense to use this with different personal data, because it will certainly lead to problems in everyday life.
16. ↑ Documents should be either the original, a certified copy issued by the Registry Office or a copy certified by a Solicitor, a Commissioner of Oaths, Notary of the Public or Justice of Peace. : http://www.homeoffice.gov.uk/publications/agencies-public-bodies/ips/passports-policy-publications/Names-changes-of-name?view=Binary
17. ↑ The same applies in Northern Ireland with regard to the Northern Irish High Court .
18. ↑ Her Majesty's Courts Service ( Memento of the original dated June 6, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. : Deed Polls (sic) are not registered anywhere unless they are "enrolled" ie lodged for safe keeping, in the Close Rolls of the Chancery (from 1851 to 1902) and from 1903, in the Enrollment Books of the Supreme Court of Judicature, which is located within the Royal Courts of Justice in the Strand, London.  
19. ↑ British Nationality Act, s51 (4) : “alien”, in relation to any time after commencement, means a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland.
20. ↑ Her Majesty's Court Service: Enrollment of Deeds of Change of Name in the Royal Courts of Justice ( Memento of the original dated November 23, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  
21. ^ The Enrollment of Deeds (Change of Name) Regulations 1994
22. ↑ [1946] Ch 183
23. ↑ “Married Name” declaration. ( Memento from November 9, 2011 in the Internet Archive ) at: london.diplo.de
24. ↑ patrishka.files.wordpress.com
25. ↑ David Bowie biography (davidbowie.com) ( Memento of the original from January 11, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 
26. ^ Daily Mirror: Liverpool Chef Changes Name to Gordon F Ramsay
27. ↑ Annabel Wahba in an interview with Helen Mirren: I should write a book about sex . In: time online . January 7, 2010, p. 2, accessed on January 4, 2011 (ZEITmagazin, No. 2/2010).
28. ^ David Walliams | Metro.co.uk
29. ↑  ( page no longer available , search in web archives ) Illustration of a deed
30. ↑ Application for Recording of Change of Name for Persons Over 16 Years of Age ( Memento of the original from December 17, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 58 kB)  
31. ↑ Powered by Google Docs ( Memento from July 20, 2008 in the Internet Archive )
32. ↑ Offices & Maps: Central Office of the High Court - Deed Poll ( Memento of the original from August 8, 2010 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.  
33. ↑ Evidence of Identity Standard (PDF; 1.7 MB) p121
34. ↑ nationalarchives.gov.uk ( Memento of the original from April 5, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  
35. ^ Deed Poll Office: [T] the Pakistan High Commission requires the Deed Poll used by its nationals to be witnessed by a solicitor
36. ↑ Estonian Embassy in London ( Memento from November 10, 2012 in the web archive archive.today )
37. ↑ [A] Iso note that a name change per deed poll is not valid for a German citizen. In: london.diplo.de
38. ↑ Name change with nobility according to English law (deed poll), decision of November 14, 2018, Az. XII ZB 292/15. In: Press Office of the Federal Court of Justice. Federal Court of Justice, December 17, 2018, accessed on December 23, 2018 .