A deed poll (plural: deeds poll) is a legal document binding on a single person or several persons acting jointly to express an intention or create an obligation. It is a

deed A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right ...

, and not a

contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

, because it binds only one party.

Etymology

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 archaic 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).

Use for changing name

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 and regions including in the United Kingdom (except in Scotland), Ireland, Hong Kong, and Singapore. In the UK, 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 and the child does not object 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 must not be made with the intent to

defraud In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrato ...

. In English law, a person must notify every creditor of a change of name by deed poll. In

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

, prior to 1 November 2000, name change was accomplished by deed poll but now is done by completing a Change of Name form.

Other uses

Another common use is to partition land. This form of deed poll is commonly used in Hong Kong. A deed poll may also be used (in England and Wales) for clergy of the

Church of England The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...

to relinquish their

holy orders In certain Christian denominations, holy orders are the ordination, ordained ministries of bishop, priest (presbyter), and deacon, and the sacrament or rite by which candidates are ordained to those orders. Churches recognizing these orders inclu ...

. Bonds and powers of attorney are examples of deeds poll. A will is not a deed poll, not being made under seal, and being subject to separate statutory requirements.

References

{{reflist

External links

Change your name by deed poll
- UK Government advice
Enrolment of Deeds and other Documents
at the UK Ministry of Justice website English law Human names