Hypothetical question . . . name change

[groom]

I had someone who changed his name to his maternal grandmother's maiden name. I think this may have been a condition of his inheriting her money, presumably to keep the name alive.

[Wiggy]

Fascinating stories you are all telling!!  Makes your trees difficult to follow - but interesting to know that I'm not completely wrong in thinking it could have happened.

 - I was asking the other workers in the potting shed this morning what conditions apply here in Aus - they both agreed that we have to show evidence of who you are - both to get into the forces and to marry. 

Also agreed that you need to change your name by Deed Poll  if you want to do it for ongoing purposes.

Wiggy   

[KGarrad]

Also agreed that you need to change your name by Deed Poll  if you want to do it for ongoing purposes.

That's the general perception in the UK, too!
Completely wrong - but most people believe a Deed Poll is required!

So, I would check what the law actually says in Australia.

[Lady Di]

- I was asking the other workers in the potting shed this morning what conditions apply here in Aus - they both agreed that we have to show evidence of who you are - both to get into the forces and to marry. 

When my father joined up in WW11 (Aust) he lied about his age (making himself 2 years older). This was never checked/verified and his Army records still have the wrong year of birth on them.

It's likely that the situation is rather different today though.

My great grandfather changed his name in Oz - no official documentation. He just started using a totally different surname and was married & died using the new surname. Heck of a challenge to find him but Chatters performed the usual miracle 

Good luck with your search Wiggy

[Wiggy]

Also agreed that you need to change your name by Deed Poll  if you want to do it for ongoing purposes.

That's the general perception in the UK, too!
Completely wrong - but most people believe a Deed Poll is required!

So, I would check what the law actually says in Australia.

Right - that seems to be the next move then -though what I am asking about happened - if it did happen, in UK!  But it would be interesting to know for sure what the state of play is in Australia.

Thank you!     

Wiggy   

[stanmapstone]

I found the marriage of a great aunt where she'd falsified her age and married out of town (she'd have needed her parent's permission at the time as she was under 21) The man she married gave a false name -
Would the marriage have been invalid?

If the marriage was by banns and no objection was made then the marriage was valid. Marriages of minors, i.e. under 21, without consent after banns were valid, unless the banns had been forbidden by parents or guardians openly and publicly in church at the time of publication.


Stan

[majm]

    

New South Wales ..... it is NOT a requirement that a person needs to formally change their name (by deed poll) for any ongoing permancy arrangements.   It has not ever been a requirement for any formal documents to be prepared to organise a change of name in NSW.   It is of course unlawful for any person to change their name with intent to deceive or defraud.

NSW written constitution provided for a NSW Supreme Court.  This dates from 1823, long before Queen Victoria granted a written constitution to the federation of the six British colonies into one Colony, "Australia".   It is only as recently as 1986 that the last legal separation between those six colonies, in particular NSW was formalised, HOWEVER it was even more recent than that that the NSW BDM took on responsibilities for recording 'deed poll' name changes (previously handled by the Lands Department responsible for Title Deeds !) ....  NSW Supreme Court decisions (it has authority to determine the NSW written Constitution) were able to be appealed to the UK Privy Council until that 1986 separation.  That 1986 separation made Britain a 'foreign power' in respect of the Commonwealth of Australia.     It gets quite tangled but laws made in Britain made after 1823 (NSW has its own Supreme Court) have had NO lawful effect on NSW Statute laws since 1823, UNLESS within the written Act as it passed through both the Houses (Commons and Lords) that Act specifically defined that its authority (realm ?? ) was (also) to have effect in New South Wales. (or any colony, or Scotland or etc.... ) 

Short version of above "English laws did not  and do not control NSW laws re deed poll for changes of name".   

It is very much lawful in NSW for any person to change their name simply through usage.  This would usually take around a year.   It is also possible to change your name by the equivalent of deed poll .... this takes an instant.    Here's NSW BDM info

http://www.bdm.nsw.gov.au/changeName/changeName.htm  (phone for an appointment or snail mail applications !)

"A person is legally able to change his or her name. If a person alters their name or uses an additional or other name with the intention to act fraudulently or with an intention to deceive or in any other way which contravenes the law, they may be subject to criminal proceedings.

A person may use a new name without any formal steps. At common law, a person will not actually change his or her name until the person has used and become known by the new name. Under the Registry's legislation the name is changed once it is registered. "

I have absolutely no knowledge of what happened in the other five former colonies, prior to Federation (1 Jan 1901) or since then either.   

Cheers JM

[Wiggy]

Well, that is very interesting  JM - I will have to look into Victorian legislation now!

My original hypothetical query was brought about by something I was looking for in UK about 1925 - 55-ish - but I am learning all sorts of things - (and I did not give you any time frame in my original post!   )   

Wiggy

[majm]

  no time frame but I covered from commencement of NSW law to the present time, and NSW was afterall the foundation colony 

I wonder if there's differences between say Scotland and England/Wales  'deed poll' arrangements .... I guess that would need a new thread 

But hopefully the following aside will be interesting...

One of my living first cousins (I will call him John, not his name, but for this exercise) was born in NSW (to NSW born parents) in the 1930s.  His birth was registered with his father's surname (the parents had married several years before my cousin was born, but questions of legitimacy removed from requirements NSW BDM circa 1935) .   His parents had more children after John, all registered in their Dad's surname.    John starts school at age five, and tells his teacher his surname.  The information he provides is NOT the same surname as his parents, nor his siblings, nor his own birth cert, nor his baptismal certificate (which is the document he used to enlist in the Australian Armed Forces 1RAR, and to marry in NSW).  His NSW BDM marriage cert is in the public domain, as the marriage service was more than 50 years ago.  Of course, unless someone knew that he had a different surname from his own parents, and from his siblings, no one would find the online index reference.     He was not exactly pleased when I sent him an official transcription of his marriage registration....  but he did understand I was only letting him know that it can be found in official records and thus to pre-alert him    so all is well between us once he understood that.

Anyways, back to his primary school days....  The surname he told his teacher has not any resemblence to his birth surname at all.   The teacher took the word of the child and that has been the surname my first cousin has used ALL his life since then (ie since aged 5 years).  Some of the items in his 'new' surname from that time that he still has include :
Public Library Cards, letters and their envelopes sent to him "Master ....   ................"  School reports, letter from his Parish C of E Rector around the time of First Communion (this has both surnames as opposed to his baptismal cert with just the original) his apprenticeships papers, his enlistment, his marriage etc. 

It is only this century that he has come across difficulties with questions about his surname.  He blames computerisation and the lack of understanding of the current crop of bureaucrats of the fundamental purposes of collecting information on this century's follies re ID and 100 points .... (in Australia one basically needs to have specific documentation from a number of 'independent' official sources to the value of 100 points to open a new bank account in a particular name).   

I also have aunt that changed her surname in an unusual way .... 

http://www.rootschat.com/forum/index.php/topic,620288.msg4691449.html#msg4691449

Cheers,  JM