Q&As

Can an execution block be amended after execution and delivery of a deed? For example, where a document was executed as a deed by a company purporting to act by a director and a power of attorney, but the attorney should have signed as a witness in accordance with section 44 of the Companies Act 2006, can the attestation be changed to refer to the attorney as a witness and is the execution by the company valid?

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Published on: 18 April 2019
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Formalities required for a deed

The requirements of a deed are set out under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). To be a deed, an instrument must:

  1. •

    be in writing

  2. •

    make it clear on its face that it is intended to be a deed

  3. •

    must be validly executed as a deed by the parties (or by persons authorised to execute it in the name or on behalf of the parties), and

  4. •

    be delivered as a deed

Deeds must be delivered in order to take effect. Note that ‘delivery’ does not mean physical delivery.

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Key definition:
Execution definition
What does Execution mean?

Execution, in the context of contracts, is the means by which a party enters into a contract or deed by sealing or signing it, and by doing so gives it effect in law. It can be done in some cases by electronic means.

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