Who Can Apply for a Deed Poll

Nationality will effect who can apply for a Deed Poll

British

If you are British and reside in the United Kingdom, then you are able to change your name by Deed Poll. However, if you are British but reside outside the United Kingdom, it is advisable that you contact your nearest British Embassy or High Commission to ensure there are no specific requirements to be met before you are able to obtain a new passport. For example, they may require that a solicitor witness your Deed Poll.

Foreign Nationals

If you are a foreign national living in the United Kingdom, you can apply for a Deed Poll, but it is recommend you firstly contact your Country’s Embassy or High Commission in London. It is important to check that they are willing to issue you with a passport in your new name using a Deed Poll. This will provide documentary evidence of your name change. Some countries have certain requirements in order for a Deed Poll to be accepted. For instance, they may require that the Deed Poll be witnessed by a solicitor or legalised.

Typically it is not necessary to have a Deed Poll document legalised unless one wishes to use it outside the UK, for more see Legalising a Deed Poll. If you cannot obtain a passport in your new name, it is advisable not to change your name. A result of being unable to change names on your passport is that other UK departments will not accept your Deed Poll as you are not changing all your documents.

The UK Border Agency will accept your Deed Poll and your certificate which means a  British Passport will be able to be issued in your new name. However, that does not guarantee your home country will accept the Deed Poll so we do urge you to begin the process by contacting your Country’s Embassy or High Commission in London.

If you are residing outside the United Kingdom, it is unlikely that a Deed Poll from this country will be accepted.

Asylum Seekers and Refugees

If you are an asylum seeker or refugee living in the United Kingdom, your Deed Poll will be acceptable proof of your name change by the UK Border Agency. If in the future you obtain citizenship, then your Deed Poll will be sufficient to ensure that your naturalisation certificate and British passport are in your new name.

Age will effect who can apply for a Deed Poll

In order to change your name by Deed Poll, you must be over sixteen years of age. If you are less than sixteen, a parental guardian will need to apply for a child Deed Poll on your behalf.

Criminal Records

Those with a criminal record, are able to change their name by Deed Poll providing they notify the relevant departments. And those on probation need to notify the probation officer. In the instance there are any current or forthcoming pending criminal actions, the police must be notified of the intention to change names and the intended new name. Those present on the Sex Offender’s Register are required by law to inform the police within fourteen days of a name change.

Mental Health Act

If you are detained under the Mental Health Act, you are able to change your name. However, it is required that the person changing their name is of sufficient mental capacity. Therefore, there must be proof you understand the outcome of changing your name. Otherwise the name change can be deemed void. Clinicians will be involved in deciding whether the guidelines for mental capacity have been met based on the Mental Capacity Act.

When determining mental capacity, the clinicians will consider the key principles of the Mental Capacity Act introduced in October 2007. The Act was introduced to protect those who may not be capable of making their own decisions. There are a number of reasons for a lack of capacity such as:

• Severe Learning Disability
• Dementia
• Mental Health Problems
• Brain Injury

To clarify, if the clinicians feels there is sufficient mental capacity to understand what changing  names means and involves, then it is likely they will be able to carry out the name change. Keep in mind, in the event clinicians feel a person is not in a mentally fit state to make such a decision at the time of request, then they may refuse the right to change name on those grounds.

Bankrupts

Undischarged bankrupts are able to change their name by Deed Poll. However, you are self employed and wish to start a business in your new name, you must inform your business partners of your previous name in which you went bankrupt. Additionally, it is also necessary to inform the Official Receiver dealing with your bankruptcy of your change of name.