Legal Definitions - perfect attestation clause

A perfect attestation clause is a specific statement included within a will that formally declares all the legal requirements for creating a valid will have been fully and correctly met. This clause typically details that the person making the will (the testator) signed it in the presence of the required witnesses, and that these witnesses then signed the will in the testator's presence and in the presence of each other, thereby confirming the proper execution of the document according to law.

Here are some examples illustrating a perfect attestation clause:

• Standard Will Execution: Imagine Mrs. Henderson, an elderly woman, is signing her will. She does so in her lawyer's office, with her lawyer and a paralegal present as the two required witnesses. The will includes a clause stating: "We, the undersigned witnesses, declare that the foregoing instrument was signed by Mrs. Henderson in our presence, and we, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses thereto, believing her to be of sound mind and memory."

  This is a perfect attestation clause because it explicitly confirms that all the necessary actions—Mrs. Henderson signing, the witnesses signing, and everyone being present together—were performed, thereby affirming the will's legal validity.

• Challenging a Will's Validity: Suppose Mr. Thompson passes away, and his estranged nephew attempts to challenge the will, claiming it wasn't properly witnessed. However, Mr. Thompson's will contains a perfect attestation clause that clearly states: "This will was signed by John Thompson, the testator, in our joint presence, and we, the undersigned, then signed as witnesses in his presence and in the presence of each other, on this date."

  This clause serves as strong evidence in court that the will was executed according to legal formalities. Even if the original witnesses are unavailable or have forgotten the specific details, the perfect attestation clause creates a legal presumption of proper execution, making it significantly harder for the nephew to prove otherwise.

• Adherence to Specific State Laws: In a particular state, the law might require a will to be signed by the testator and three witnesses, all of whom must be present at the same time. A will prepared in this state includes a clause that reads: "We, the three undersigned witnesses, certify that the testator, Mr. Garcia, signed this document in our simultaneous presence, and we each then signed as witnesses in his presence and in the presence of the other two witnesses, affirming all statutory requirements for execution."

  This is a perfect attestation clause because it specifically affirms that the unique legal requirement of three witnesses and their simultaneous presence was met, ensuring the will's compliance with that state's particular testamentary laws.