What is an Attestation Clause?
How do you legally define it?
What are the important elements you should know!
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Attestation Clause Basics
An attestation clause is a contractual provision where a witness certifies the person signing the document has signed before him or her.
The attestation of the witness typically includes:
- A statement that the person executing the document has done so in accordance with the law
- The signature was done in the presence of a witness
- The witness’s signature
For example, in the context of a will, having a witness attestation clause provides a stronger legal presumption that the statutory requirements have been complied with.
On the other hand, if the attestation clause is missing in a will, then there can be an argument that the will must be disregarded.
Attestation Clause definition
How do you define an attestation clause?
According to the Cornell Law School’s Legal Information Institute, an attestation clause is defined as:
A clause at the end of a document, in particular a will, which sets forth the legal requirements the document must satisfy, states that those requirements have been met, and is signed by one or more witnesses.
Attestation clause elements
What are the elements of an attestation provision?
Based on the definition we outlined above, attestations will have the following elements:
- It’s at the end of a document
- Sets forth the legal requirements the document must satisfy
- States that the requirements have been met
- It is signed by one or more witnesses
Attestation clause example
The most notable example of an attestation clause is the attestation clause in a will.
A will is a legal document that in many cases must be witnesses for the law to recognize it as a valid will and testament.
Often, the attestation clause to a will states that the testator has declared to the witness or witnesses that this document represents his or her last will and testament.
The statement in the attestation clause can look like this:
- The testator has signed before us, declares that this is his last will and testament and has signed the document in our presence
- The testator has fully read the document, declares its content to represent her last wishes and has signed the document before us
Takeaways
So what is the legal definition of Attestation Clause?
Let’s look at a summary of our findings.
Attestation Clause:
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Civil procedure
