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Adeed 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 adeed,and not acontract,because it binds only oneparty.
Etymology
editThe 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
editThe most common use is aname changethrough a deed of change of name (often referred to simply as adeed poll). Deeds poll are used for this purpose in countries and regions including in the United Kingdom (except in Scotland),[1]Ireland,[2]Hong Kong, and Singapore. In the UK, a deed poll can also be used to change a child's name, as long as everyone withparental responsibilityfor the child consents to it and the child does not object to it.[3]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 todefraud.In English law, a person must notify every creditor of a change of name by deed poll.
InAustralia,prior to 1 November 2000,[4]name change was accomplished by deed poll but now is done by completing a Change of Name form.[5]
Other uses
editAnother common use is topartitionland. 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 theChurch of Englandto relinquish theirholy orders.
Bonds andpowers of attorneyare examples of deeds poll. A will is not a deed poll, not being made under seal, and being subject to separate statutory requirements.
References
edit- ^"Change your name by deed poll - GOV.UK".www.gov.uk.Retrieved10 May2020.
- ^"Changing your name by deed poll".citizensinformation.ie.Retrieved16 May2020.
- ^"Changing your name".AdviceGuide UK.Archived fromthe originalon 16 November 2014.Retrieved23 August2014.
- ^"Births Deaths and Marriages: Deed poll searches (pre-2000)".www.justice.tas.gov.au.Archived fromthe originalon 19 May 2018.Retrieved5 February2018.
- ^"Deed poll".Births Deaths and Marriages Victoria.Retrieved2 March2021.
External links
edit- Change your name by deed poll- UK Government advice
- Enrolment of Deeds and other Documentsat the UK Ministry of Justice website