Attestation Clause - Definition - Law Dictionary Home Dictionary Definition attestation-clause

Definition :

Attestation Clause, the sentence subscribed to a written instrument signed by the witnesses to its execution, stating that they have witnessed it. Such a clause (in very precise terms)is always appended to a will formally prepared, the most common form being as follows:-

Signed by the above-named and acknowledged by him as his will in the presence of us present at the same time, who at his request and in his presence and in the presence of each other, now subscribe our names as witnesses.

It is expressly provided by s. 9 of the (English) Wills Act, 1837 (1 Vict. c. 26), that the signature of the testator, or of some other person by his direction, 'shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time,' and that 'such witnesses shall attest and shall subscribe the will in the presence of the testator'; but it is added that 'no form of attestation shall be necessary.' By Rule 4 of the (English) Probate (Non-Contentious) Rules, 1925, however, it is provided, that 'if there be no attestation clause to a will or codicil presented for probate, or if the attestation clause thereto be insufficient, the registrars must require an affidavit from at least one of the subscribing witnesses, if these or either of them be living, to prove that the provisions of 1 Vict. c. 26, s. 9, and 15 Vict. c. 24, in reference to the execution, were in fact complied with.'

A legacy to an attesting witness or the husband or wife of such is void, but a will containing such a legacy is otherwise good. [(English) Wills Act, 1837, s. 15]