Q&As

Can a party to a deed take the benefit of it without executing it?

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Published on LexisPSL on 02/10/2017

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Can a party to a deed take the benefit of it without executing it?

For details on formalities for the formation of deeds, see Practice Note: Executing documents—deeds and simple contracts.

Generally, a failure to comply with the formalities for the formation of a valid deed will mean that the document cannot take effect as a deed. However, there may be circumstances where a ‘party’ to a deed is only party for the purpose of receiving a benefit under it, and the formalities for the deed are present regardless of whether that individual party has executed the deed. In such circumstances, provided the formalities for the deed are in place, then that ‘party’ can take the benefit of it.

It may also be possible for

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