Attestation Clause - Law Dictionary Search Results
Home Dictionary Name: attestation clauseAttestation Clause
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,...
attestation clause
attestation clause : a clause at the end of a will in which the witnesses state that the will was signed and witnessed with all the formalities required by law and which often sets forth those requirements ...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
Execution of Wills
Execution of Wills. By the (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), s. 9:-No will shall be valid unless it be in writing and executed in manner hereinafter mentioned; (that is to say) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation clause shall be necessary.The (English) Wills Act Amendment Act, 1852 (15 & 16 Vict. c. 24), contains most elaborate saving allowances for the position of the signature. Thus, the signature of the testator may be placed 'at, or after, or following, or under, or beside, or opposite to, the end of the will'; 'a blank space may intervene between the concluding word of the will and the signature'; the signature may be 'on a sid...
Testing clause
Testing clause, means a clause in a formal written instrument or deed by which it is authenticated according to the forms of law, Black's Law Dictionary, 7th Edn., p. 1486.In Scotland, the final clause of attested documents, indicating the designation of signatories; place and date of attestation; and names and designation of the witnesses...
Attestation
Attestation, the signing by a witness to the signature of another of a statement that a document was signed in the presence of the witness. The (English) Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), s. 7 (applicable both to civil and criminal cases), renders it unnecessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite, and such instrument may now be proved by admission, or otherwise, as if there had been no attesting witness. Wills and codicils (1 Vict. c. 26), warrants of attorney and cognovits (1 & 2 Vict. c. 110), agreements with crews of 'foreign-going' ships ((English) Merchant Shipping Act, 1894, s. 115), and bills of sale (see BILL OF SALE) require attestation.As to the attestation of deeds in execution of certain powers of appointment, see (English) Law of Property Act, 1925, s. 159, replacing (English) Law of Property Amendment Act, 1859, s. 12.As to attestation by a justice of the peace of the enlistment of a rec...
Attestation and attesting witness
Attestation and attesting witness, by attestation is meant the signing of a document to signify that the attestor is a witness to the execution of the document; and by s. 63(c) of the Succession Act, an attesting witness is one signs the document in the presence of the executing after seeing the execution of the document or after receiving a personal acknowledgment from the executant as regards the execution of the document, Beni Chand v. Kamla Kumar, AIR 1977 SC 63 (67): (1976) 4 SCC 54. [Evidence Act (1 of 1872) s. 68]...
Attesting witness
Attesting witness, a person who has seen a party execute a deed, or sign a written document. He then subscribes his signature for the purpose of identification and proof at any future period. See ATTESTATION....
attest
attest [Latin attestari, from ad to + testari to call to witness, from testis witness] vt : to bear witness to : affirm to be true or genuine ;specif : to authenticate (as a will) by signing as a witness vi : to bear witness : testify often used with to at·tes·ta·tion [a-tes-tā-shən] n ...
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