Q&As
As an alternative to executing a deed of variation, is it possible for all original parties to execute a new deed (with all the amendments included) and have a provision which states that the new deed will supersede the original deed?
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Published on: 14 June 2019
Variation of contracts and deeds
An existing contract or deed may be varied in writing, provided that the variation satisfies the usual Requirements for the creation of a binding agreement—ie offer, acceptance, certainty, consideration and contractual intention of the parties (although if a variation is documented as a deed, there is no need for the parties to provide consideration). If the variation is executed as a deed, further formalities are required (see Practice Note: Deeds). For more guidance, see also:
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Forming enforceable contracts—overview
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Practice Note: Forming enforceable
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