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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44638
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My elderly neighbours (he is 88 and she is 94) lave lived

Customer Question

My elderly neighbours (he is 88 and she is 94) lave lived together for 57 years and she has used his name and called herself Mrs all that time. they have a daughter together. However they have never been married. They are concerned that in the event of her passing, she will have to use her previous name (divorced in 1967) or her maiden name and the whole community will know they were never married. Can she call herself Mrs Smith in the death certificate and therefore the headstone or should they change her name by deed poll or actually get married now which they are happy to do.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
We are in queensland australia
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The name she uses is it on all her paperwork now?

Customer: replied 1 year ago.
on her Medicare card and on her pension card as well. She does not have a drivers licence or another forms of identification.
Customer: replied 1 year ago.
She uses no other name name his and calls herself Mrs. ... Ie Mrs XXX XXX
Expert:  Leon replied 1 year ago.

Good Morning

She can continue to use the name.

It is the name she is known by and has used it for all these years. She does not have to change t if he passes.

I hope this makes sense and is of assistance and makes sense?

Customer: replied 1 year ago.
The issue is if SHE passes. What name will need to be on the death certificate and therefore all funeral documentation and. Headstone
Expert:  Leon replied 1 year ago.

The name that she uses will be on her death certificate and you would also say (Also Known as her other name) if it appears on any other documents.

There is no need to worry about anything else?

Customer: replied 1 year ago.
Why have you charged me $110 when I have a one week free trial. This is crazy. It wasn't even an answer to my question. Please refund this money as soon as possible to restore my faith in the legal profession.
Expert:  Leon replied 1 year ago.

Good Afternoon

I have asked for you to be given a refund.

I believe I have provided you with an answer and that she is ok to keep using the name that she has adopted with common use.

There is no issue even when she passes away as she has the name she is using on her documents.

All the best and there is nothing further you have to do.