Legal Definitions - attestation clause

An attestation clause is a specific statement included at the end of a formal legal document, most commonly a will. This clause is signed by the witnesses to the document, and it formally declares that all the necessary legal steps and procedures for creating and signing the document were correctly followed.

Think of it as a written confirmation by the witnesses that they observed the signing process and that everything was done according to the law. While the witnesses' signatures are usually essential for a document's validity, the attestation clause itself provides strong initial evidence that the document was properly executed. This creates a legal assumption that the document is valid, making it harder for someone to challenge its authenticity later on, even if the witnesses are unavailable or can't recall specific details. However, this assumption can be overturned if clear evidence proves that the stated formalities were not actually met.

• Example 1: A Last Will and Testament

  Scenario: Sarah prepares her last will and testament. She invites her two friends, Mark and Lisa, to be witnesses. After Sarah signs the will in their presence, Mark and Lisa also sign the will. Below their signatures, there is an attestation clause stating that Sarah declared the document to be her will, signed it in their presence, and that they, in turn, signed as witnesses in Sarah's presence and in the presence of each other, believing her to be of sound mind.

  Explanation: This attestation clause serves as a formal declaration by Mark and Lisa that all the legal requirements for a valid will execution were met. If, years later, someone tries to argue that Sarah wasn't mentally capable or that the witnesses didn't see her sign, this clause provides strong initial evidence that the proper procedures were followed, making it more difficult to challenge the will's validity.

• Example 2: A Complex Property Deed

  Scenario: A large corporation is finalizing a significant land transfer deed that requires formal witnessing due to its value and complexity. Two company executives and their legal counsel are present. After all parties sign the deed, the two witnesses (e.g., a notary public and a legal assistant) sign an attestation clause. This clause confirms that they observed the executives signing the deed, verified their identities, and that the signing occurred on the specified date and location, adhering to all jurisdictional requirements for such a transfer.

  Explanation: Here, the attestation clause provides crucial assurance that the high-stakes deed was executed correctly. It acts as a written record from the witnesses, confirming that the necessary legal formalities for a valid property transfer were observed, thereby strengthening the document's legal standing and reducing the risk of future disputes over its authenticity or proper execution.

• Example 3: A Trust Agreement

  Scenario: Mr. Henderson establishes a revocable living trust to manage his assets. To ensure the trust's validity and prevent potential challenges from family members, he has two disinterested parties witness his signature on the trust agreement. Following their signatures, an attestation clause is included, which the witnesses also sign. This clause explicitly states that Mr. Henderson signed the trust agreement voluntarily, appeared to understand its contents, and that the witnesses signed in his presence and in the presence of each other.

  Explanation: In this context, the attestation clause reinforces the proper creation of the trust. It provides a clear, written statement from the witnesses that Mr. Henderson executed the document willingly and competently, fulfilling the legal requirements. This makes it much harder for anyone to later claim that Mr. Henderson was coerced or lacked the mental capacity to create the trust, even if the witnesses are no longer available to testify.