Legal Definitions - attested will

An attested will is a formal legal document that specifies how a person's assets and property should be distributed after their death, and crucially, it has been properly witnessed and signed by individuals who confirm they saw the will's creator (known as the "testator") sign it. These witnesses also attest that the testator appeared to be of sound mind and acting voluntarily at the time of signing. The specific legal requirements for attestation, such as the number of witnesses and their eligibility, vary by jurisdiction but are essential for the will to be considered legally valid and enforceable.

• Scenario: Estate Planning with a Lawyer

  Mr. Henderson visits his attorney to finalize his last will and testament. After carefully reviewing the document, he signs it in the presence of two paralegals from the law firm. Immediately after Mr. Henderson signs, both paralegals, who are not beneficiaries in the will, sign the document themselves in Mr. Henderson's presence and in each other's presence. They are confirming that they witnessed Mr. Henderson sign the will and that he appeared to understand what he was doing and was acting voluntarily.

  Explanation: This is an example of an attested will because Mr. Henderson signed his will in front of two qualified witnesses (the paralegals), and those witnesses then signed the will themselves to confirm they observed his signing and his apparent mental capacity. Their signatures "attest" to the proper execution of the will, making it legally sound and difficult to challenge on grounds of improper signing.

• Scenario: A Will Prepared at Home

  Sarah, a retired teacher, drafts her will using an online legal template. To ensure its validity, she invites her neighbor, Mark, and her long-time friend, Lisa, to her home. In her living room, Sarah signs the completed will, clearly stating that it is her last will and testament. Mark and Lisa, neither of whom will inherit anything from Sarah, then sign the document as witnesses, acknowledging that they saw Sarah sign it and that she seemed fully aware and competent at the time.

  Explanation: This also constitutes an attested will. Even though it wasn't prepared in a lawyer's office, Sarah followed the essential legal requirement of signing her will in the presence of two eligible witnesses (Mark and Lisa), who then also signed the document to confirm their observation of her signing and her mental state. Their signatures provide the necessary attestation for the will's legal enforceability, regardless of where it was drafted.

• Scenario: Challenging a Will's Validity

  After their wealthy aunt passed away, two nephews discovered her will, which left the bulk of her estate to a distant charity. They attempted to challenge the will in court, claiming their aunt was not of sound mind when she signed it. However, the will contained the signatures of two independent witnesses, a doctor and a nurse who were present at the signing. These witnesses provided sworn statements confirming that they observed the aunt sign the will, and that she was lucid and fully understood the document's contents at that time.

  Explanation: This scenario highlights the critical role of an attested will. The presence of the witnesses' signatures and their subsequent testimony serves as strong evidence that the will was properly executed and that the aunt had the necessary mental capacity. The attestation helps to defend the will's validity against challenges, demonstrating that the legal formalities were met and providing credible proof of the testator's intentions and state of mind.