Q&As

Can a trust deed be varied by deed of variation to amend the date?

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Published on LexisPSL on 19/09/2014

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

  • Can a trust deed be varied by deed of variation to amend the date?

Can a trust deed be varied by deed of variation to amend the date?

Full question: Can a trust deed be varied by deed of variation to amend the date if a party mistakenly signed it and dated it on exchange instead of completion of a property purchase?

The starting point when considering amending an agreement is whether the agreement is effective. The effective date of the agreement may not be the same as the date it was signed. Under the Law of Property (Miscellaneous Provisions) Act 1989 (as amended by SI 2005/1906), an agreement executed as a deed must be delivered in order to take effect. If a deed is not dated, external evidence is admissible to prove the correct date. Unless delivery is conditional, a deed becomes effective immediately upon delivery.

The date on which a deed is delivered will depend on the circumstances. There is no specific form for delivery, as long as the intention to be bound is shown. Under the Companies Act 2006, there is a presumption that a deed is delivered when it is executed, but this can be rebutted with

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