Legal name after marriage: legal advice

[Mammut]

I didn’t change my surname following marriage. All my documents are therefore in my original name. DH and I are currently doing wills and POAs etc which necessitate some ID verification. Our solicitor is adamant that my legal name is my married name, even though I’ve never ever used it. Is this correct? JFI I’ve not been impressed with the solicitor generally so far, as for example he’s definitely given us some wrong information about POA.

Nope. Ask him which law it is that requires women to adopt their husband’s name on marriage. (It doesn’t exist.)

Your name doesn’t change on marriage unless you change all your docs?!
your marriage certificate gives you the option to do that

Are you sure he is qualified?

No. The person you spoke to is not correct. I would echo PP in asking if you are certain this person is really a qualified solicitor registered with the Law Society of Scotland?

Thanks all. I thought that was the case. It’s a local solicitor in a small firm. Thought it would be okay as we’re not doing anything complicated

He's talking shit. Your name only changes if you change it. I'd find a new solicitor.

Its too important a document to get wrong.

And being able to document proof of someones ID is basic knowhow these days.

And you could also use both last names once you hate 2 forms of official picture ID and are not doing it to defraud someone.

I would be looking for a new solicitor

Sack this absolute dinosaur immediately

To be fair, my MIL would like to think it's the law that you have to be Mrs HisName.
But a solicitor really should know better! Agree, sack the unreconstructed dinosaur.

Not just solicitors, when I got divorced, there was a question back from the court, in Scotland also, asking why I didn't change my name on marriage. The solicitor and I debated writing back because it is sodding 2018 but in the end went with professionally known as blah in publications etc. Honestly!

I’d be looking for a new solicitor, if they get this basic legal ‘advice’ wrong, I wouldn’t trust them with the will service.
I had a bank cashier tell me similar the other day, I asked him what law this was, as I have been breaking it for 25 years. And as I’m in the police force I wasn’t in the habit of breaking laws.

Legally your birth name is your name. It's just a convention that in the past women automatically took their husband's name.
Find a decent solicitor.

Not sure I’d want a misogynist ignoramus as a lawyer.

Please change your solicitor.

Also look at their website for the complaints policy - should have been referenced in your engagement letter / the terms of business - and say that you’re appalled

Definitely change solicitor

I didn’t change my name when we got married (27 years ago now ) Dh and I did POAs for each other two years ago (both financial and welfare, and registered with the OPG), with an expensive city centre firm. (They were dealing with my dad’s estate so we just wanted to get it done quickly as we were going off on holiday). Last October we drew up new wills, using a friend we knew much more reasonably priced (she also has a good solid reputation - and is not based in Glasgow city centre).

On neither occasion was I asked even for my marriage certificate (which is irrelevant anyway ): we were simply asked for proofs of identity. We took passports and bank statements.

Even having this “argument” with the solicitor will be costing you, unless you’d agreed a fixed fee with him in advance. So I agree with putting in a formal complaint.

Time for a new solicitor. This one's a dud.

Your legal name is your birth name (in most cases) until or unless you choose to change it even if you marry. You haven't chosen to change it so your birth name remains your legal name. I think perhaps you need to tell this solicitor the legal position regarding your name, before then sacking them.

It's a scarily common misapprehension that a woman's legal surname automatically changes to the man's on marriage. It's bollocks. It doesn't. You have to change it if you want to. Or the man can change to your name. Or you can both keep your own names.

Your solicitor is a fuckwit.