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 In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferrin ...

, and not a

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

because it binds only one

party A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often featu ...

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''). Deed polls are used for this purpose in countries including the United Kingdom, 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 intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensa ...

. 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 sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...

, 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 to relinquish their holy orders. 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

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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