Jump to content

Name change

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Khendon (talk | contribs) at 14:37, 30 October 2002. The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Generally under the laws of the United States you can adopt any name you wish for any reason. To obtain a formal order changing your name which you would apply for in a state court you must plead that you are not changing your name for a fraudulent purpose. You may be required to give a more or less reasonable explanation for wanting to change your name and generally the court (that is the judge) has full discretion to grant or deny a change of name.

In order to maintain your identity it is desirable to obtain a formal order in order that there is continuity of your personal records.

In Scotland a person may use any name that they wish and change it at any time, provided that they do not do so for fraudulent purposes. No special process is required.

In England a change of name, beyond a change by usage, is brought about by using a deed poll, a legal contract binding only a single person - a Deed of Change of Name. The deed consists of three declarations, committing the person to abandoning their former name, using only the new name and requiring everyone else to use only the new name. The deed is executed by signing, dating and a witness signature. A person's name can be changed as often and whenever they like provided it is not for the purposes of fraud or to deceive.

There is no legal requirement to list the name change with any group or body. Although it can be entered in the Enrolment Books at the Central Office of the Supreme Court of Deeds. The name change applies from the moment the deed is legal, previous time-dependent legal documents, certificates etc. retain the prior name.

The deed poll provides documentary evidence to require all persons, companies and organisation (including government departments) to change their records to show the new name. A deed poll also allows for the reissue of documents like passport, driving licence, credit cards etc., in the new name.

The restrictions on names prevent the acceptance of those containing numbers or non-alphabetic symbols, a single name, an inherited title (no one can have Sir, Lord, Lady, Baron, Baroness, Count, Earl, Countess, Duke or Duchess as their first name), or that are impossible to pronounce. Vulgarity and names which are unwise are not specifically excluded, but it may be difficult to find a willing solicitor.

Famous instances of people renamed by deed poll include Screaming Lord Sutch, 3rd Earl of Harrow, the founder of the Official Monster Raving Loony Party and Elton Hercules John, the singer, composer and musician, who was previously called Reginald Kenneth Dwight.

"Michael Howard of Leeds", according to the Guardian newspaper in November 1999, changed his name by deed poll to "Yorkshire Bank Plc are Fascist Bastards" after being charged £20 for a £10 pound overdraft. When the bank asked him to close his account, he asked them to repay the 69p balance with a check made out in his new name.

Elsewhere