In a previous article, we explained the difference between Deeds and Agreements however, there is a special type of Deed that does not require more than one party to sign it to make it legally binding (although it can also be made by more than one party, jointly).
That document is the Deed Poll. As soon as it is signed by the party that executes it, it becomes immediately operative and binding.
Deed Polls are solemn declarations, so they are commonly witnessed by lawyers, Justices of the Peace and notaries (but they requirements as to who can be witnesses and whether you need one can differ between States and Territories).
Deed Polls are used for various purposes such as:
- part of the process of changing your name or gender
- affirming your identity (such as where you may use more than one name)
- declaring:
- a promise to do not not to do something (including keeping information confidential)
- the validity of a document or right
- a fact or intention
- releasing rights
The unilateral obligation/s created by a Deed Poll can be enforced by any person with whom the covenant in the document was made as against the party making it, so they ought not to be entered into lightly.
FURTHER INFORMATION
For further information, please contact McKillop Legal on (02) 9521 2455 or email help@mckilloplegal.com.au
This information is general only and is not a substitute for proper legal advice. Please contact McKillop Legal to discuss your needs.
