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Attestation is the act of confirming something with a written or oral oath. It can take various forms, including verifying that a document was signed in front of witnesses or providing additional information about the signer. Attestations can also appear in the form of documents that provide information that the signer certifies to be correct. False attestations can lead to legal liability.
Attestation is the act of bearing witness. It can take different forms in the legal sense. In general, it refers to an activity where someone confirms something with a written or oral oath. A simple example of an attestation might be a signature on the bottom of a legal document from a notary indicating that he or she saw the author write and sign the document.
In some cases, an attestation is simply a verification that a document was signed in front of witnesses. By signing, the witnesses certify that they have seen the document being signed and that they are aware of the identity of the signatory. However, they attest nothing in the document itself; the document may be incorrect or improperly filled in, for example, but that is not the responsibility of the person who attested it.
An attestation can also provide additional information about the signer. On the attestation clause added to a will, for example, people signing indicates that the testator was sane when the will was written, and therefore could freely make decisions. This is used to support claims that the will is valid. If witnesses do not confirm that the testator was sane, some may argue that the will should not be accepted due to concerns about the mental state of the testator.
Attestations can also appear in the form of documents that provide information that the signer certifies to be correct. For example, someone applying for a job may be asked for a letter of attestation from a previous employer confirming the dates of employment and salary listed in the job application. Similarly, an attestation letter can be written by someone as part of an application for professional certification, indicating that he has met the stated requirements.
When someone makes a claim, they are legally responsible for what is claimed. People should be careful when asked to attest to something to make sure they understand their responsibility. For example, if someone is asked to certify that they saw someone sign a legal document, they should not provide attestation for a document that has already been signed. A false attestation can be grounds for liability in court and it is important to remember that attestations, however trivial they may seem, can be used as evidence in court.
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