An unfortunately common mistake, many vendors, testators and mortgagors’ names are incomplete or otherwise different from their identification documents (ID) i.e. driver’s licence, passport and birth certificate.
The spelling of your name is significant when having legal documents prepared; such as a will Power of Attorney or purchase of land contracts and mortgages.
These variations, even of one letter or missing hyphen in a surname, can result in delays finalising your property transaction, and in some matters may constitute a breach of contract. Issues with selling your shares may arise as well as increased costs, wasted time and of course, frustration which could have been avoided.
There are many reasons for the inconsistencies, however the most common inconsistencies and reasons for them are namely: unchanged surnames on a mortgage or property when someone marries or divorces, missing middle names when a contract is signed or a bank account opened, names that are used in everyday life not reflecting legal ID documents, old errors from missing or incorrectly spelt names when a seller originally purchased the property or data entry errors made by land registry at the time, foreign names where there is unfamiliarity (for example some cultures have the surname first and the first name written last).
As we are moving towards a more digital world, it is becoming increasingly important for our full legal names to be set out in our identity documents, and to ensure our full legal name is used on all documentation in any legal process.
If you require assistance in changing your name, we at the Quinn Group can assist.
If you would like help in this regard, please contact one of our experienced lawyers by clicking here to submit an online enquiry form, calling us on 1300 QUINNS or alternatively, +61 2 9223 9166 to arrange a teleconference or appointment.