Legal Definitions - act and deed

Act and Deed

The phrase "act and deed" refers to a formal legal document, such as a contract, will, or property deed, that has been properly executed and delivered. It signifies that the document represents a definitive, binding action or agreement by the parties involved, making it legally enforceable. Historically, it also referred to the verbal declaration made by a person when formally executing such a document, confirming their intent to be bound by its terms.

• Example 1: Property Transfer

  When a homeowner sells their property, the document that legally transfers ownership from the seller to the buyer is known as a deed. Once this deed is signed, witnessed, and officially recorded, it becomes the seller's "act and deed," formally and irrevocably transferring their rights to the property.

• Example 2: Business Partnership Agreement

  Two entrepreneurs decide to form a new company and draft a comprehensive partnership agreement outlining their roles, responsibilities, and profit-sharing arrangements. When both partners sign this agreement in the presence of legal counsel and witnesses, it becomes their "act and deed," legally binding them to the terms and conditions of their business relationship.

• Example 3: Executing a Last Will and Testament

  An individual prepares their last will and testament to specify how their assets should be distributed after their passing. When they formally sign this document in the presence of the required number of witnesses, who then also sign to attest to the testator's signature, the will becomes their "act and deed." This formal execution ensures that the document is a legally valid expression of their final wishes.