Common Mistakes When Executing a Deed Poll (and How to Avoid Them)

Common Mistakes When Executing a Deed Poll (and How to Avoid Them)

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A Deed Poll is a powerful legal document, but its validity hinges on it being correctly "executed" – that is, signed, dated, and witnessed properly. Simple mistakes during this stage can lead to the Deed Poll being rejected by official bodies. What are the common pitfalls and how can you avoid them?

Mistake 1: Incorrect Witness(es)

  • Who CAN Witness: Generally, anyone who is 18 or over, knows you (to confirm your identity), and is independent (not a relative, partner, or someone living at the same address).
  • Who CANNOT Witness: Family members (by birth or marriage), partners, people living with you.
  • How to Avoid: Choose a suitable independent witness – a friend (who doesn't live with you), neighbour, colleague, or a professional like a solicitor (though this isn't required). Ensure they meet the age criteria.

Mistake 2: Witness Not Present During Signing

  • The witness must physically watch you sign the Deed Poll document. They are witnessing your signature.
  • How to Avoid: Ensure you and your witness(es) are together when you sign. The witness then adds their signature, name, address, and occupation immediately after.

Mistake 3: Incorrect Signing

  • You must sign the Deed Poll using both your old signature and your new signature in the designated places. This confirms the identity of the person making the change.
  • How to Avoid: Follow the instructions on the Deed Poll document carefully. Legalmaster's Deed Polls clearly indicate where each signature goes.

Mistake 4: Using Photocopies Incorrectly

  • Official bodies (Passport Office, banks) usually require the original signed Deed Poll or an "official copy" (sometimes provided by the Deed Poll service). A standard photocopy you make yourself is often not accepted as legal evidence.
  • How to Avoid: Order sufficient official copies when obtaining your Deed Poll from a service like Legalmaster, or be prepared to present the original when required (sending it securely).

Mistake 5: Poor Quality Document

  • Using homemade or poorly worded templates can lead to rejection if they lack the necessary legal declarations.
  • How to Avoid: Use a reputable service like Legalmaster that provides professionally drafted, legally compliant Deed Poll documents.

Executing your Deed Poll correctly is crucial for its acceptance. Follow instructions carefully, choose your witness wisely, and use a professionally prepared document to avoid these common mistakes.