Deed poll
From Free net 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 only binds 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, Wales, Northern Ireland, New Zealand, some States and territories of Australia, the Republic of Ireland, 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 there are not required to undergo deed poll to change their name - they need only inform people of their new name. After two years the person can 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 only requires that no one changes their name with the intent to defraud.
Origin of the term
The name 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).