# Use solicitor to handle name change by deed poll? or do-it-yourself?



## kellyj (26 Jul 2012)

For reasons which were very much appropriate at the time both of my children were registered with 'double barrelled' names on their respective birth certificates. Now that both are or are approaching their teenage years my wife and I have kicked off the process to have their names changed by deed poll to reflect just the one surname.

We have looked into the process and see that it can be handled by ourselves, with the core costs (stamp duty etc.) being relatively small (circa €80 max). A least one visit in person needs to be made to the Deed Poll Section at the Four Courts to complete the process, which as non Dublin residents means a trip to the Big Smoke.

Bearing in mind the travel costs involved plus the potential hassle in having to re-submit should we miss anything first time around we looked to engage our family solicitor to handle the process. As expected they will charge a 'tasty' professional services fee. Having just got over the initial shock of the subsequent quotation we received we are still leaning towards allowing them to handle the process. 

Before we make our final decision wondering if any fellow askaboutmoney colleagues have been down this road before and have any advice they would like to share.


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## terrysgirl33 (26 Jul 2012)

If you are in Ireland, you can change your name by 'common usage' where so long as you are known by your name, it's your name.

http://www.citizensinformation.ie/e...ionships/changing_your_name_by_deed_poll.html


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## ajapale (26 Jul 2012)

Thanks for the link reproduced below. Perhaps you could call to your local citizensadvice and they may advise whether to engage a solicitor or not. Or call the Deed Poll section directly and seek their advice.



> *Changing the surname of a child*
> 
> The surname of a child can be changed in the Register of Births but only in certain circumstances. However, the surname of a child can also be changed by deed poll or common usage. Children aged between 14 and 17 years can execute the Deed Poll themselves but need the consent of both parents. Where a child is under the age of 14 years, one of the child's parents must execute the Deed Poll with the consent of the other parent.
> *Enrolment of a deed poll*
> ...


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## kellyj (26 Jul 2012)

Thanks guys for the quick updates. Rang the Deed Poll Section. 2 visits to them will be required in order to get the job done plus a third to collect the final paperwork (though you can nominate someone to do this task on your behalf). They are open only on Tuesday & Thursday's, between 10 AM & 12:30 PM, for this particular purpose. 

Bearing this in mind am now almost convinced that using my solicitor is the way forward.


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## Jim2007 (26 Jul 2012)

kellyj said:


> Before we make our final decision wondering if any fellow askaboutmoney colleagues have been down this road before and have any advice they would like to share.



One observation I would make is that a deed poll is very much a British legal concept and as a result can cause problems getting work permits etc... in European countries....  From experience I can tell you that trying the explain a family name change that resulted not through marriage can make life very difficult.


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## truthseeker (26 Jul 2012)

If they are just dropping one of the double barrelled names off, why not just start using (for example) John Kelly instead of John Waters-Kelly and allow the change to happen by common usage? Im not clear on the need for deed polls at all?


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## kellyj (26 Jul 2012)

Good question truthseeker. Single name surname has already been adopted as common usage and in most situations works absolutely.

The main hassle has arisin in secondary school for my oldest. Despite assurances (and evidence - passport reflects the single name surname) the school insist on using the double barrled name at all times, both in oral and written (school journal, reports etc.) communication.

Other examples of when it can be annoying is when booking flights. My oldest is fine as their passport, last renewed in 2008, reflects the single name. However my youngest was not so fortunate with their renewal in 2010 where she needed to go by the birth cert name.


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## kellyj (26 Jul 2012)

Jim2007 - as mentioned in my reply to truthseeker hoping that the deed poll change will result in passports going with the common usage single name surname. Hoping that this would help ensure there is limited or even no confustion when securing work permits. Is this assumption correct?


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## Jim2007 (27 Jul 2012)

kellyj said:


> Jim2007 - as mentioned in my reply to truthseeker hoping that the deed poll change will result in passports going with the common usage single name surname. Hoping that this would help ensure there is limited or even no confustion when securing work permits. Is this assumption correct?



A passport is a travel document, but birth certs are usually the starting point for identification for issuing social security numbers, admittance to pension schemes and so on.  So if the documents are different it may raise issues...

I know of one person who had a job offer withdrawn here, because of a name change..  When we got the UK police report on her it said something like "born xxxxxxx Smith-Brown, now known as xxxxxxx Brown", this made several people in management uncomfortable and so the offer was pulled.


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## Leo (27 Jul 2012)

kellyj said:


> Other examples of when it can be annoying is when booking flights. My oldest is fine as their passport, last renewed in 2008, reflects the single name. However my youngest was not so fortunate with their renewal in 2010 where she needed to go by the birth cert name.


 
You can get a page inserted in your passport to reflect a different name in common usage. I know a guy with this who is a frequent traveller and it has never caused an issue. Flights (even to the US) have been booked in the common usage name, and authorities have never had a problem.

DFA will issue passports in the common usage name providing you can satisfy certain criteria and demonstrate the name in constant use for a period of at least two years.


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## Michelle (27 Jul 2012)

"For reasons which were very  much appropriate at the time both of my children were registered with  'double barrelled' names on their respective birth certificates."

If it is the case that you were not married at the time the children were born you can make an application re-register the births and amend the surnames on the birth certificates - http://www.groireland.ie/registering_a_birth.htm#5. Re-registration of Births:

I would advise you to shop around re the costs of the Deed Poll. The Deed Poll office is very helpful and you could scan and email them a copy of the Deed Polls to make sure all in order before going to Dublin.


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## Andy McGee (14 Mar 2016)

Why would anyone engage a solicitor for such a simple thing to do? I live in Limerick and got it done myself. Here's what it takes:

1. Ring Stationery Shop in Four Courts. They sell deed poll paper, minimum charge is 2 Euro for four sheets plus 3.80 Euro postage. You will want to have minimum four sheets because you are likely to do a typo a couple of times in the process or damage a sheet or two. They accept Visa Debit, so you're sorted (if you don't have Visa Debit, it's tough life, sorry). Given that I don't live in Dublin, obtaining deed poll paper for €5.80 was very handy - it saved me a few bob in fuel and toll expenses and a day off from work. I couldn't find any local stationery shop that would sell deed poll paper (it's yellowish with red stripes and is thicker than standard office sheets).

2. When the deed poll paper has arrived in the post, copy and paste the content from deed poll and affidavit templates available at courts.ie. Just insert your own particulars where required. Print the documents on the deed poll paper.

3. Go to the nearest solicitor's office with these two documents and get your signature sworn in the presence of a practicing solicitor. Witness signature is also required - get your solicitor's legal assistant to act as your witness, it's normal. I paid twenty quid all in.

4. Sign and print a letter of consent to have your deed poll accessible by members of the public. Template is available at courts.ie. It is a requirement for all deed polls enrolled in the High Court register.

5. It is wise to scan the docs and email them to the Deed Poll Section for review before you travel to Dublin. I don't think they are obliged to proofread it for you but they are nice people over there - just ask )

6. Visit Four Courts Deed Poll section (open Tuesdays and Thursdays 10:00am - 12:30pm) - no appointment is required. The guy will ask you to provide proof of identification and will scrutinise your documents. He will then instruct you to  visit cash office and pay 60 Euro stamp duty. Once this is done, return to the Deed Poll section and give the stamped deed poll back to the clerk. The cashier will have processed it through their printer, so it will bear printed words to the effect that stamp duty has been paid. The clerk will then take your phone number and advise that you will be contacted in three weeks's time to collect the document duly enrolled in the High Court register. I got a friend to collect it on my behalf - they let you nominate a third party to collect the document if you are unable to attend in person. I was at the Deed Poll section at 10:15am and was out by 11:00am and heading back to Limerick. Could have finished earlier but I was the second person in the queue and also had to wait at the cash office for a while (queue again).

7. Enjoy

Cost (Jan 2016):

Deed poll paper €5.80
Solicitor's fees (sworn signatures): €20
Trip to Dublin from Limerick (return): ~€40
Stamp duty: €60
Additional trip expenses if I were to collect in person: €40
Total: €165.80 (I paid €125.80 - friend collected).
Add two days off for two trips from Limerick (I only took half a day - got back at around lunch time). If you live in Dublin, you will save This post will be deleted if not edited to remove bad language load of money and time.

P.S. In ROI, although Deed Poll that has not been enrolled in the High Court register has the same legal power as the one that has been enrolled, it is pretty much useless wherever you go. If you wish to open a bank account, change name on your driving licence, etc., you will be required to produce a deed poll ENROLLED in the High Court Register.

Hope the above was helpful and good luck


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