An attestation clause is a legal requirement for documents that need a witness present during signing. It confirms the correct parties signed the document and is usually at the end of a will. Without it, legal difficulties can arise, and an affidavit may be required to prove validity. The clause requires at least two witnesses to confirm the signature, and it must be signed by the parties involved. It confirms the signer was of sound mind and at least 18 years old.
An attestation clause ensures that a witness saw a document being signed by the correct parties. It usually appears at the end of a will, although it also occurs in deeds and other legal documents that require a witness to watch the parties sign the documents. This clause is not always required but, when there is one and it is not signed, the document can appear unfinished and unofficial. As a result, legal difficulties can arise, as a judge may require an affidavit to obtain further proof of the document’s validity.
Such a clause is typically required on any legal document that requires a witness to be present at the time of signing. In most cases, not everyone can validate that the signature has taken place, because the witness must be chosen by the party as attesting. Therefore, people who are simply in the room when a document is signed are usually not considered attesting witnesses. Most documents require the presence of two or more attesting witnesses to have the appropriate party sign the document, so the Attestation Clause makes it clear that this requirement has been met.
If a will or other document lacks an attestation clause or contains a clause that appears invalid, the judge may order an affidavit to prove that the deed was signed by the affected party. The affidavit can be from an attesting witness, although it can be from anyone who can prove the validity of the signature. If this can’t be proved when it comes to a will, then it can’t go on probation. Therefore, while an attestation clause is not always required by law, it is usually recommended to avoid impeding legal proceedings.
Statutory law provides that the attestation clause is placed just below the signature of the person responsible for opening the deed. The clause typically states that the person who initiated and signed the document did so voluntarily and in the presence of at least two witnesses. It also claims that the document’s originator was of sound mind when it was drafted, as well as at least 18 years of age; a parent or guardian typically must sign for minors. Of course, another element of the attestation clause is that witnesses attesting that they signed the document do so to acknowledge that they saw the author of the document sign it, because that is the very purpose of the clause.
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