Q&As

Is it possible to amend a deed after the fact by subsequently dating or backdating the deed?

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Published on LexisPSL on 08/02/2018

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

  • Is it possible to amend a deed after the fact by subsequently dating or backdating the deed?
  • Date of signature v date of commencement
  • Specific considerations when altering a deed
  • Retrospective effect
  • Backdating documents
  • Varying a contract or deed

Is it possible to amend a deed after the fact by subsequently dating or backdating the deed?

Date of signature v date of commencement

The date on which an agreement is intended to commence can be different to the date on which it is signed. Whereas a simple contract takes effect once signed by all parties, a deed will take effect on delivery. If the obligations under the deed are intended to commence or be deemed to commence on a date different to the date of delivery, then this should be made clear in the document itself in a separate commencement clause. The

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