What is a Deed Poll
In order for somebody to change their name and have their records updated, a form of documentary evidence is required. A Deed Poll document provides such evidence.
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A Deed Poll is a legal and official document that binds a single party to a particular course of action. Strictly speaking, it is not a legal contract as it only applies to one party.
The most common use of a Deed in the United Kingdom is to change a persons’ name. This type of deed is more formally called a Deed of Change of Name or sometimes referred to as a Change of Name Deed.
Executing a Deed Poll
When a person receives their Deed Poll they must ‘execute it’. This means that they have to sign it and have this signing witnessed.
Upon signing a Deed of Change of Name a person commits themselves to the following actions:
- To renounce, relinquish, and abandon the use of their former name
- To use their new name at all times
- and to require everybody to address them only by their new name
When a person wishing to change their name signs their document they must do so in the presence of a witness. There are certain requirements which the witness must meet. This witness must:
- Be at least 18 years old
- Live at a different address
- Be known to the person, but be independent of them; therefore, not a family member
- Have the ability to speak, read, and understand English
When a legal guardian changes a child’s name they must ensure that all those holding parental responsibility for the child give their consent for the name change, else it can be reversed. Legal guardian(s) will sign the document on behalf of the child along with a witness.
Updating records to show your new name
It is a common misconception that once a Deed Poll document has been executed (signed and witnessed) a person’s name has immediately been changed. In reality a Deed Poll document is simply a means to an end. The way in which this does change a person’s name is that it is sent out to record holders and provides documentary evidence enabling departments to make necessary amendments. This could include Banks, DVLA, the Passport Office or a Building Society.
Only when organisations have been notified of a name change, and they have updated their records accordingly, has a person really changed their name. Prior to this, a person is still registered under their previous name and so no change has happened. That’s why its important to that you have copies of your Deed Poll to update company records.
Therefore, if a person signed their Deed Poll and then reconsidered and decided against the name change, they could simply dispose of the document. Provided they had not had any of their records updated into a different name, no harm would be done, and they could continue using their original name.
Where does the term ‘Deed Poll’ come from?
The term comes from the word ‘Deed’ and the old English word ‘Poll’. A ‘deed’ is a signed and usually sealed legal instrument in writing. Poll is a legal term used to describe a document that has had it’s edges cut or ‘polled’. This kind of straight edged documents distinguished deeds binding only one party.
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