Attestation / Attestation Clause
The witnessing process for a will, or the clause confirming the will was properly signed and witnessed. Proves the will is valid.
Attestation is the formal process of witnessing a will. The attestation clause is the statement at the end of a will confirming how it was signed and witnessed.
The Attestation Process
- Testator signs the will in presence of both witnesses
- Both witnesses see the testator sign
- Each witness signs in the testator's presence
- Each witness can see the other sign
Typical Attestation Clause Wording
"Signed by the testator in our presence and then by us in their presence:"
Followed by witness names, addresses, and signatures.
Why It Matters
- A proper attestation clause creates a presumption the will is valid
- Missing attestation clause makes probate harder
- Witnesses may need to provide affidavits if clause is missing
- Errors in attestation can invalidate the will
Common questions
What happens if there's no attestation clause?
The will can still be valid, but proving it is harder. Witnesses may need to provide sworn statements about the signing.
Can attestation be done remotely?
No, witnesses must be physically present and able to see the testator sign. Video witnessing is not valid in England and Wales.
Do witnesses need to read the will?
No. Witnesses only confirm they saw the signing. They don't need to know the contents.
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