Legal Definitions - attesting witness

An attesting witness is an individual who observes the signing of a legal document by another person and then signs the document themselves to confirm that they witnessed the original signature. Their signature serves as proof that the primary signer genuinely executed the document and, in many cases, that the primary signer appeared to be acting voluntarily and competently at the time.

Here are some examples to illustrate this concept:

• Example 1: A Last Will and Testament

  When a person creates their Last Will and Testament, they typically need to sign it in front of two or more witnesses, depending on the jurisdiction. Imagine Sarah is signing her will. She invites her two friends, Mark and Lisa, to be present. Sarah signs the will, and then Mark and Lisa sign the will immediately afterward, indicating that they saw Sarah sign it and that she appeared to be of sound mind. In this scenario, Mark and Lisa are the attesting witnesses because their signatures confirm they observed Sarah's act of signing her will.

• Example 2: A Deed for Property Transfer

  Suppose Mr. Henderson is selling a piece of land and needs to sign a deed to transfer ownership to the buyer. In some jurisdictions, a deed requires an attesting witness in addition to a notary public. Mr. Henderson signs the deed in the presence of his attorney's paralegal, Ms. Chen. After Mr. Henderson signs, Ms. Chen also signs the deed in a designated witness section, confirming that she personally observed Mr. Henderson's signature. Ms. Chen is acting as an attesting witness, verifying the authenticity of Mr. Henderson's signature on the property transfer document.

• Example 3: A Power of Attorney

  An elderly individual, Mr. Davies, decides to grant a Power of Attorney to his daughter, Emily, allowing her to manage his financial affairs. To ensure the document's validity and prevent future disputes, Mr. Davies signs the Power of Attorney in the presence of his neighbor, Mrs. Rodriguez, and a social worker, Mr. Patel. Both Mrs. Rodriguez and Mr. Patel then sign the document themselves, confirming that they witnessed Mr. Davies's signature and that he seemed to understand the implications of the document. Mrs. Rodriguez and Mr. Patel are serving as attesting witnesses, providing independent verification of Mr. Davies's execution of the Power of Attorney.