Also known as: attestation clause · attestation · witness clause
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A formal statement appended to a will beneath the testator's signature. The witnesses declare that they observed the testator sign or acknowledge the will and that the testator appeared competent and acted voluntarily.
A formal statement appended to a will beneath the testator's signature. The witnesses declare that they observed the testator sign or acknowledge the will and that the testator appeared competent and acted voluntarily.
Albert Allen signs his will at his desk in one office while witness Anika Anand signs her attestation in a separate office down the hall. Albert cannot see or hear Anika sign, and Anika is unaware of Albert's signing at the precise moment she signs. Because the conscious presence test is not satisfied, Anika's attestation is defective and the will fails to meet the statutory witness requirement.
A formal certification by a court clerk or custodian confirming that a judicial record or proceeding is genuine. The certification enables the record to receive full faith and credit when offered in another court.
Andre Antoine obtains a default judgment in State A against Azure Solutions. When Andre seeks to enforce the judgment in State B, the State B court requires proof that the judgment is authentic. The clerk of the State A court attaches an attestation clause to a copy of the judgment, confirming the record's accuracy under the court's seal. The clause satisfies the authentication requirement, allowing the State B court to treat the judgment as entitled to full faith and credit.
A formal certification by a court clerk or custodian confirming that a judicial record or proceeding is genuine. The certification enables the record to receive full faith and credit when offered in another court.
Each sense below has its own examples, sources, and questions.
An attestation clause recites that the witnesses observed the testator sign or acknowledge the signature, that the testator appeared to be of sound mind, and that the witnesses signed in the testator's presence. The clause creates a rebuttable presumption that the recited events occurred.
No. An attestation clause raises only a rebuttable presumption that the events it recites occurred. If the facts show the witnesses did not sign in the testator's presence, the presumption is overcome and the will is invalid.
Section 1738 attestation is performed by a court clerk to certify the genuineness of judicial records for interstate recognition. Will attestation is performed by witnesses to confirm the testator's execution of a testamentary document.
Yes. A domestic public document bearing an official seal and a signature purporting to be an execution or attestation is self-authenticating even if the signature is printed rather than handwritten.