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18 Aug 2022

LEGAL MATTERS: Deed Poll - all you need to know

Legal advice with Donegal solicitor, Conor McLaughlin

LEGAL MATTERS:  Deed Poll - all you need to know

Words have meaning and names have power

What is a Deed Poll?

A deed poll is an official document drawn up and completed by one party used to declare an intention to change one’s legal name. A party may change their name after marriage, they may change the name of a child or to the Irish version or perhaps to acknowledge the surname of a stepparent or due to a change of gender.
What should I do before I sign my Deed Poll?
Please note that it would be advisable to prepare an inventory of Service Providers, Financial Institutions and Social Media providers that you will need to contact so that your name change may be reflected accordingly.

Why should I enrol my Deed Poll?

Please note that there is no requirement to enrol a Deed Poll in order to change your legal name.
Deed Polls can be enrolled in the Central Office of the High Court, however same has no greater effect than a Deed Poll which has not been enrolled. The enrolment of a Deed Poll in the Central Office is a facility which the Registrar of the Central Office Court provides according to custom and practice. This practice means that your change of legal name is on a publicly accessible record as the Register of Deeds Poll is publicly searchable.
Please note that enrolling the Deed Poll means that a record of the change of legal name is maintained and recorded for future identification and a certified copy of the original enrolled Deed Poll can be obtained if required.

Conor McLaughlin, Solicitor

Our 4-stage process
1. Information Gathering
Our Deed Poll Solicitors obtain your full current name, your full new name, your Citizenship, your Date of Birth, the name, address and occupation of a witness who is over 18 who will witness your signing of the Deed Poll, and confirmation as to whether you wish to enrol the Deed Poll.

2. Drafting & Review
Our Deed Poll Solicitors will then draft and review your (i) Deed Poll (ii) Affidavit of Attesting Witness, and (iii) Application to enrol your deed Poll (if so desired).

3. Consultation
A consultation with our Deed Poll Solicitors will make sure you understand the nature of the process and the documentation involved in enrolling your Deed Poll.
If and when you are satisfied that you are comfortable with the contents and consequence of signing a Deed Poll, you may sign same. We can facilitate you by conducting this meeting by Skype call.

4. Post-Consultation & Enrolling of your Deed Poll
Assuming you wish to enrol your Deed Poll in the High Court the following criteria apply in addition to the Deed Poll being executed correctly:

1. You must provide evidence of your previous name (g. a birth certificate, marriage certificate, previous name change by deed poll, Certificate of Naturalisation);
2. If you are a non-EU national, you must produce a licence to change your name by Deed Poll, issued by the Minister for Justice & Equality pursuant to the section 9 of the Aliens Act 1935;
3. You must provide photographic proof of identification;
4. You must pay €60.00 stamp duty on the Deed Poll; and
5. You must complete an application form to enrol a deed poll which includes an acknowledgement that enrolling the deed results in it being available for public inspection and published on the Courts Service website.

The above article is one of a series of bi-monthly legal articles drafted by Conor McLaughlin, Solicitor and Principal at Conor McLaughlin & Associates Solicitors. They do not constitute legal advice and should not be acted upon without seeking legal advice particular to your set of circumstances. Conor McLaughlin & Associates Solicitors have their office in Bundoran, County Donegal. For further information on the above or any other legal issues you may have, please contact us on TEL: 071 984 1322, Email: info@cmclassociates.com or at www.cmclassociates.com

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