Deed poll
Encyclopedia
A deed poll is a legal
document binding only to a single person or several persons acting jointly to express an active intention. It is, strictly speaking, not a contract
because it binds only one party
and expresses an intention instead of a promise.
The most common use is a name change
through a deed of change of name
(often referred to simply as a deed poll). Deeds poll are used for this purpose in countries including England and Wales
, the Republic of Ireland
, Northern Ireland
, New Zealand
(until September 1995), Hong Kong
and Singapore
. In England and Wales
a deed poll can also be used to change a child's name, as long as everyone with parental responsibility for the child consents to it. The child's parents execute the deed poll on the child's behalf. In some other jurisdictions, a person may simply start using a new name without any formal legal process. The usual requirements are that the new name must be used exclusively and that the change was not made with intent to defraud
. In Australia
, name change was formerly accomplished by deed poll but now is done by completing a Change of Name form.
Another common use is to partition
land into different sections. For example, a piece of land may be partitioned (or carved out) by a deed poll into Section A and the Remaining Portion thereof. This form of deed poll is commonly used in Hong Kong
.
legal term referring to documents with straight edges; these distinguished a deed binding only one person from one affecting more than a single person (an "indenture
", so named during the time when such agreements would be written out repeatedly on a single sheet, then the copies separated by being irregularly torn or cut, i.e. "indented", so that each party had a document with corresponding tears, to discourage forgery
).
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
document binding only to a single person or several persons acting jointly to express an active intention. It is, strictly speaking, not a contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
because it binds only one party
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
and expresses an intention instead of a promise.
The most common use is a name change
Name change
Name change generally refers to a legal act allowing a person to adopt a name different than their name at birth, marriage, or adoption. The procedures and ease of a name change depend on the jurisdiction. In general, common law jurisdictions have loose limitations on name changes while civil law...
through a deed of change of name
Deed of Change of Name
A deed of change of name is a legal document in the United Kingdom and Republic of Ireland, which enables a single person or a family to officially change his or her name...
(often referred to simply as a deed poll). Deeds poll are used for this purpose in countries including England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
(until September 1995), Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
and Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
. In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
a deed poll can also be used to change a child's name, as long as everyone with parental responsibility for the child consents to it. The child's parents execute the deed poll on the child's behalf. In some other jurisdictions, a person may simply start using a new name without any formal legal process. The usual requirements are that the new name must be used exclusively and that the change was not made with intent to defraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
. In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, name change was formerly accomplished by deed poll but now is done by completing a Change of Name form.
Another common use is to partition
Partition (law)
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the tenants. Under the common law, any tenant who owns an undivided concurrent interest in...
land into different sections. For example, a piece of land may be partitioned (or carved out) by a deed poll into Section A and the Remaining Portion thereof. This form of deed poll is commonly used in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
.
Origin of the term
The term "deed", also known in this context as a "specialty", is common to signed written undertakings not supported by consideration: the seal (even if not a literal wax seal but only a notional one referred to by the execution formula, "signed, sealed and delivered", or even merely "executed as a deed") is deemed to be the consideration necessary to support the obligation. "Poll" is an archaicArchaism
In language, an archaism is the use of a form of speech or writing that is no longer current. This can either be done deliberately or as part of a specific jargon or formula...
legal term referring to documents with straight edges; these distinguished a deed binding only one person from one affecting more than a single person (an "indenture
Indenture
An indenture is a legal contract reflecting a debt or purchase obligation, specifically referring to two types of practices: in historical usage, an indentured servant status, and in modern usage, an instrument used for commercial debt or real estate transaction.-Historical usage:An indenture is a...
", so named during the time when such agreements would be written out repeatedly on a single sheet, then the copies separated by being irregularly torn or cut, i.e. "indented", so that each party had a document with corresponding tears, to discourage forgery
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
).
External links
- Enrolment of Deeds and other Documents at the UK Ministry of Justice website
- Central Office of the High Court - Deed Poll relevant webpage from Ireland's Court Service website