LOC023 – Deed poll – suggested form of Affidavit of best interest

Understanding and Completing the Affidavit of Best Interest for a Minor

Getting a minor’s name changed can be a complicated process. One of the forms required for this procedure is the Affidavit of Best Interest, which is used to demonstrate that the name change is in the best interests of the child. With the right legal advice, this form can be completed accurately to ensure the best chance of success.

What is an Affidavit of Best Interest?

An Affidavit of Best Interest is a sworn statement, signed and witnessed in front of a solicitor or commissioner for oaths. It is used to determine why a minor’s name is being changed and that the change is in their best interests, as well as demonstrating that both biological parents are aware and agree to the change.

In order to complete the Affidavit of Best Interest correctly and ensure that it meets the criteria to be accepted by the Senior Court, the following information is required:

• The minor’s old and new name, as well as date of birth.
• Whether the parent or parents are married, divorced, separated or single.
• If one of the parents is deceased, a death certificate should be attached as an exhibit.
• If the parents are divorced, a final order of divorce/dissolution and/or consent from the ex-partner should be attached.
• If a parent is wishing to marry another partner, consents from both partners should be provided.
• Should the consent of an ex-partner be unavailable, a reason why must be provided within the affadavit.

What Happens After the Affadavit is Submitted?

Once the Affadavit of Best Interest is complete and submitted with all the necessary exhibits, a court will consider the application and determine, based on the information provided, whether the minor’s name should be changed.

Getting Legal Help with a Deed Poll

It is important to ensure that all paperwork is filled out smoothly and correctly in order to increase the chances of an application to enrol the Deed Poll being successful. Seeking the help of a qualified solicitor can be a wise move, as they can offer advice and expertise in order to complete the Application of Best Interest correctly and in line with the court’s requirements.

Changing a minor’s name can be a complex process, but with the proper legal guidance, the chances of success can be greatly increased. If you are considering a name change for a minor, it is highly recommended that you contact a qualified legal professional as soon as possible.