Legal Definitions - attester

An attester is an individual who formally confirms or vouches for the authenticity, validity, or truthfulness of something. This often involves witnessing an event, a signature, or the creation of a document, and then providing their own signature or statement to verify what they observed.

Here are some examples illustrating the role of an attester:

• Witnessing a Will: When an individual signs their last will and testament, it typically requires the presence of two or more witnesses. These witnesses observe the person signing the will and then sign it themselves, confirming that they saw the will-maker sign the document and that the will-maker appeared to be of sound mind and acting voluntarily.

  In this scenario, the witnesses are the attesters. They are vouching for the proper execution of the will and the will-maker's capacity at the time of signing, which is crucial for the will to be legally valid.

• Notarizing a Document: If you need to sign an important legal document, such as a power of attorney or an affidavit, you might be required to do so in front of a notary public. The notary verifies your identity, observes you signing the document, and then affixes their official seal and signature.

  The notary public acts as an attester in this context. They are formally confirming that the person who signed the document is indeed who they claim to be and that the signature was made in their presence, adding a layer of legal authenticity to the document.

• Verifying a Signature on a Petition: In some jurisdictions, for a public petition (e.g., to get a ballot initiative or candidate on a ballot) to be valid, each signature must be accompanied by an attestation from the person who collected the signatures. This person confirms that they personally witnessed each signature being made and that, to the best of their knowledge, the signers were eligible voters.

  The individual collecting the signatures and providing this verification is an attester. They are formally vouching for the legitimacy of each signature on the petition, ensuring the integrity of the democratic process.