Practice Direction - RC 05/26 - Directions concerning applications for registration of deeds poll

ROYAL COURT OF JERSEY

RC 05/26

Practice Direction - RC 05/26 - Directions concerning applications for registration of deeds poll

 

 

(1)       An application for the registration of a deed poll may be made by any person of full age who is ordinarily resident in Jersey.

 

(2)       When an application is made by an applicant who is married, the written consent of the spouse of the applicant must be endorsed on the deed poll, unless good cause is shown to the contrary.  This is not necessary when the application is only for the change of Christian name(s).

 

(3)       (i)         An application on behalf of a minor (i.e. a person aged less than 18) shall be made by his parent or legal guardian;

 

            (ii)        The deed poll in respect of which such application is made shall be signed by the parent or legal guardian on behalf of the minor;

 

            (iii)       If the minor has attained the age of fourteen years the deed poll shall also be signed by the minor in both his or her old and new names;

 

            (iv)       If the application on behalf of a minor is made by one parent only, the written consent of the other parent, if living, must be obtained and endorsed on the deed poll, unless good cause is shown to the contrary.

 

(4)       The deed poll in respect of which application is made shall be signed IN FULL by the applicant in both his/her old and new names and such signature shall be witnessed by an advocate or solicitor of the Royal Court or by a notary public, and the signatures of a minor child as prescribed in paragraph 3(iii) shall also be so witnessed.

 

(5)       (i)         The deed poll in respect of which the application is made shall state:

 

                        (a)       The full names of the applicant as regards both the old and new names;

 

                        (b)       The date and place of birth of the applicant;

 

                        (c)        The ordinary residence of the applicant;

 

                        (d)       The nationality of the applicant at birth;

 

                        (e)       Where an applicant is married, the date and place of the marriage, and, if the marriage has been dissolved, the date of the decree absolute and the name of the Court in which it was granted;

 

            (ii)        If the application is made by a woman, she shall describe herself in the deed poll as ‘spinster’, ‘wife’, ‘widow’, ‘former wife’ as the case may be;

 

            (iii)       If the application is made on behalf of a minor, the details stated in paragraphs 5(i)(a) – (d), above, must be provided in respect of both the applicant and the minor.

 

(6)       The application must be signed either by the applicant personally or by an advocate or solicitor of the Royal Court acting on his behalf. 

 

(7)       A woman does not lose her maiden name when she marries and may resume using her maiden name following any subsequent divorce or the death of her husband without the need to execute a deed poll.   Registration of the deed poll in the Public Registry of the Island is only necessary where the deed poll is executed by persons whose names appear in the Register of Contracts or the Register of Procurations or as a defendant in the Register of Obligations.

 

 


Page Last Updated: 14 Apr 2015