S3.1.1 Variations in Names
Whilst each party to a deed should be identified as fully as possible in the minute, due consideration must be given to showing this as concisely as possible.
The following are examples of standardised procedures for minuting variations in names:
WRIT Mary Brown or Smith (formerly Mary Jane Brown) | MINUTE Mary Brown or Smith |
It is reasonable to assume that Mary is now married. By minuting “Mary Brown or Smith”, both surnames are included in the Index. A separate entry for “Mary Brown” is not necessary.
WRIT Mary Brown or Smith (formerly Mary Jane Brown) | MINUTE Mary Jane Brown or Smith |
Again, a reasonable assumption is made and the middle name is also added, so that the most complete name is minuted.
WRIT Mary Brown or Smith (otherwise Mary Smith) | MINUTE Mary Brown or Smith |
The same principle is used as in Example 1.
WRIT John Brown (formerly John Smith) | MINUTE John Brown (otherwise John Smith) |
John may have changed his surname, so both versions should be minuted. All alternative versions of names will be minuted as “otherwise”, regardless of the wording of the deed.
WRIT Mary Brown (otherwise Mary Smith) | MINUTE Mary Brown (otherwise Mary Smith) |
Mary is not an “or woman” and so we cannot assume that she is married. Like John in the example above she has changed her name and so both versions should be shown.
WRIT John Alan Brown (otherwise John Brown) | MINUTE John Alan Brown |
Always aim for the most complete or unique name possible.
WRIT John Alan Brown (subscribing Alan Brown) | MINUTE John Alan Brown (otherwise Alan Brown) |
If a person does not normally use their first/Christian name, a separate entry must be made for the name they do use, so both versions must be minuted.
WRIT Chang Eng Lee (subscribing Lee Chang Eng) | MINUTE Chang Eng Lee (otherwise Lee Chang Eng) |
Asiatic people may sign their names in a different order and any such variation should be reflected.
Recognised diminutives (such as Bill for William, Betty for Elizabeth) should not be minuted, although more unusual diminutives, or those which may cause confusion (such as Fay for Euphemia, Senga for Agnes) should be minuted. It is up to the individual examiner to decide when alternative names (or variations in spelling) should be minuted, but discretion should be exercised.
NOTE: Even if the diminutive is a middle name and requires to be minuted, as that is how the signatory has signed, the full name should be indexed. So, for example, if Steven William Smith signs the deed, "Bill Smith ", the minute would be:
?pSTEVEN WILLIAM ?nSMITH?z (otherwise ?pWILLIAM ?nSMITH?z).
Where a change of name and a change of address are involved, it appears more practicable to use the following procedure:
?pELIZABETH ?nCARSON?z, 22 Millster Gardens, Pitlochry (formerly ?pELIZABETH ?nDEFOE?z, 63 Crusoe Street, Lower Largo) rather than ?pELIZABETH ?nCARSON?z (otherwise ?pELIZABETH ?nDEFOE?z) formerly 63 Crusoe Street, Lower Largo, now 22 Millster Gardens, Pitlochry but either is acceptable.
If the deed shows that a person is married, for example, Mary Morrison (formerly Mary Clements), 9 Merchiston Gardens, Edinburgh, with consent of her husband George Morrison it can be minuted as follows
?pMARY ?nCLEMENTS OR MORRISON?z, 9 Merchiston Gardens, Edinburgh, with a consent.
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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