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I suppose it will depend on who registers the death

If they had been known by a surname for years then they might well be registered with that surname

Each case will be different.

If they were known by that surname to the informant then that is what they would die as.

thats fine thank you. i just wondered if there was a legal requirement.
i have found a relative who never married but lived with her " husband " for over 25 years and was buried with his surname
thanks everyone

Just to point out that they may have married and not told you.
Without knowing the exact circumstances, only they can tell.

As long as there is no intent to deceive or defraud one can use any name one chooses

But.......burial and death registration are two different things entirely

A person's death could be registered in the 'correct' name..............and the headstone on the grave could have the 'known by' name

thanks for your help.
it seems a family member got married in 1946 but left her husband and started living with another man and started a family with him in 1948
i can't find any divorce and if it cost for a divorce then they were a poor family so might not have been able to afford it.
she lived with this man for over 20 years and was known by this mans surname not the surname of the man she originally married.
on her childrens birth certificates it gives the mothers maiden name as her own maiden name not her married name if that makes sense
so when she was died her name on the death certificate was that of the man she had lived with for over 20 years.
the man she married in 1945 outlived her by 20 years and no sign of any divorce

thanks everyone for your help

You posted..............

on her childrens birth certificates it gives the mothers maiden name as her own maiden name not her married name if that makes sense

A woman's maiden name is precisely that............................and is recorded on birth certs of her children, no matter how many times she marries (or doesn't, as the case may be)

Linked

http://www.genesreunited.co.uk/boards/board/ancestors/thread/1331508

On my gt gt grandfathers birth cert born 1844 his mother was still married to someone else but there is no mention on the cert she was married before.

But then it was registered by the father not her

I have also come across children being registered in the fathers name and the mothers previous married name rather than her maiden name....again it may have been the father who registered it

jax,
my father was registered twice,once in his mother's married name and once in his father's name,she was still married to her husband but was living with his dad.

on my mother's side her grandparent's were married to other people ,she took his surname,when she died in 1960 she was registered and buried by his surname.
no one knew they were not married until I started doing my family history.
so yes you can be buried by what surname is on the death cert.

These particular Gt,gt,gt grandparents did marry eventually 25+ years later, she died the following year, but had they not have married I am sure she would have been registered in the name she had been known as for all those years