A 'deed poll' (plural: 'deeds 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 simply referred to 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, some
States and territories of Australia,
Hong Kong and
Singapore.
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, where the development and redevelopment of land is rapid and flourishing.
It should be noted that citizens of
Scotland whose births are
registered need only to inform people and organizations (eg. bank, general practitioner) of their new name (deeds poll do not exist under
Scots law). After two years the person can then apply to the
Registrar General for Scotland to have their
birth certificate amended to show the new name. This is in addition to changes of
surname by
marriage. Scots law requires only that no one change his or her name with the intent to
defraud. The Registrar requires proof that someone has been living using their new name before an updated
birth certificate can be issued. The easiest way to prove that is to have a
passport or
driving licence issued in the new name.
Origin of the term
The term "deed", also known in this context as a "specialty", is common to signed written agreements 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 contract between the parties to the deed. "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 irregularly torn or "indented" so that each party had a document with corresponding tears, to discourage
forgery).
External links
★
Enrolment of Deeds and other Documents Department of Constitutional Affairs website.