Description of the legal term Deed Poll:
A deed poll is a legal document binding only one party to a specific promise or agreement. In the context of British law, it is most commonly associated with changing one’s name. Unlike other legal documents, which usually involve commitments from two or more parties, a deed poll is a unilateral declaration. This means it represents an expression of intent or an act that is not intended to create legal relations with anyone else.
The primary characteristic of a deed poll is its unique function in the change of a person’s name. When a person wishes to change their forename or surname, they may do so by executing a deed poll, declaring they renounce their previous name and will from the point of signing onwards use their new name in all aspects of life. This includes personal, professional, and legal areas, such as on their passport, with banks, and on all official documents.
The deed poll system is user-friendly, and one can create their own deed poll or apply for professional services to ensure correct drafting. For a deed poll to be legally binding, it must adhere to certain formalities, such as being witnessed and containing the required declarations. These formalities serve as a safeguard to prevent fraud and confusion, ensuring that the name change is genuine and being undertaken for legitimate reasons.
In terms of enforceability, once a deed poll has been witnessed, signed, and, where necessary, enrolled or recorded with the relevant authority, it becomes a valid document that can be used to substantiate one’s change of name to any institution or individual. It provides the legal evidence required to update records and serves as a symbol of commitment to the new name.
There are different types of deed polls, but the most common one is the ‘enrolled’ deed poll. An enrolled deed poll is entered into the public records kept by the UK government. This is not a legal requirement, but serves as an official record and offers an extra layer of formality. However, not all circumstances require an enrolled deed poll; an ‘unenrolled’ deed poll can suffice for most legal purposes, such as updating one’s driving licence or bank account details.
Legal context in which the term Deed Poll may be used:
Imagine Sarah Johnson, a business professional in the UK, who recently went through a divorce and wishes to revert to her maiden name, Sarah Carter. Sarah would pursue a deed poll to make this change legally recognized across all aspects of her life. She starts by drafting a deed poll document or obtains one from a company providing legal services. In her deed poll, Sarah would declare that she is abandoning the use of the surname Johnson and assumes the use of her maiden name Carter from the date of execution forward. After having her document witnessed, signed, and dated, she begins the process of notifying all relevant parties, such as her employers, banks, and the Passport Office, supplying them with a copy of her deed poll as evidence of her new name.
Another example is if a couple wishes their child to have a different surname. Thomas and Marie Wilson might decide they want their daughter, originally named Emma Wilson, to carry Marie’s maiden name, Smith, for personal reasons. A deed poll can facilitate this change for their daughter, as Emma is a minor, her parents can execute the deed poll on her behalf. It is not uncommon for parents to use a deed poll to change the surname of a child following a divorce or remarriage for example. Similarly to the first example, once the deed poll is signed and witnessed, it becomes the proof required for all necessary alterations in identification and records for the child.
The significance of a deed poll in British law cannot be overstated. It provides a simple yet formal avenue for individuals to officially and legally change their name. This legal instrument respects an individual’s right to be known by the name of their choice while ensuring there is a robust record for official and legal purposes. The use of a deed poll thus ensures clarity and continuity in personal identification, which is fundamental to personal, social, and legal transactions within the UK.