Attestation Clause
What Does Attestation Clause Mean?
An attestation clause is a provision in a legal document that outlines the document’s formalities and legal requirements, confirming that these have been fulfilled. Essentially, the witnesses “attest” or verify that the document was executed properly and should therefore be enforceable under the law. Typically, the attestation clause appears after the original signature.
Attestation clauses are most commonly found in high-stakes or highly contested documents, such as wills or deeds. These documents are often subject to close scrutiny, especially after the original parties to the contract have passed away and cannot confirm the document or their intentions. By including an attestation clause and properly executing it, the legal validity of the document is strengthened, reducing the likelihood of it being deemed invalid.
By signing the attestation clause, the signatories affirm that all statements within the clause are true and that the document’s legal requirements have been met. It also serves to verify the execution process.
An attestation clause is also referred to as a testimonium.
Insuranceopedia Explains Attestation Clause
An attestation clause is typically signed by one or more parties to the contract, along with one or more witnesses to the signing. It serves as an additional verification that the document (will, contract, or other legal instrument) has been completed in accordance with legal requirements, in the presence of witnesses, who also sign the document in a designated space.
The primary purpose of an attestation clause is to strengthen the presumption that all statutory requirements for executing the document have been met, thereby ensuring the document’s legal force. Without a properly executed attestation (i.e., if witnesses have not signed it), there is a risk that the document may be considered incomplete and could potentially be invalidated due to extrinsic factors.
While most legal documents do not require an attestation clause, it is commonly included in documents that require witness signatures for validity—such as wills or deeds. A typical attestation clause will state that the document was signed by the party (or parties) to the contract in the presence of witnesses (testators) and that the witnesses signed in each other’s presence.
An attestation clause may include stipulations such as confirming that the parties to the contract were of sound mind, did not sign under duress, and were at least 18 years old when entering into the legally binding agreement.
