Attestation clause
Encyclopedia
In the statutory
law of will
s and trust
s, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator
's signature.
Attestation clauses were introduced into probate law with the promulgation of the first version of the Model Probate Code in the 1940s. A typical attestation clause reads:
This attestation clause is modeled on the Model Probate Code's version. Statutes that authorize self-proved wills typically provide that a will that contains this language will be admitted to probate without affidavits from the attesting witnesses. In order to issue an attestation report, Active CPA status is required by federal law.
The validity and form of an attestation clause is usually a matter of U.S. state
law, and will vary from state to state. Many states allow attestation clauses to be added as codicils
to wills that were originally drafted without them.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
law of will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
s and trust
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
s, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator
Testator
A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will."-Related terms:...
's signature.
Attestation clauses were introduced into probate law with the promulgation of the first version of the Model Probate Code in the 1940s. A typical attestation clause reads:
- We, the undersigned testator and the undersigned witnesses, respectively, whose names are signed to the attached or foregoing instrument declare:
-
- (1) that the testator executed the instrument as the testator's will;
- (2) that, in the presence of both witnesses, the testator signed or acknowledged the signature already made or directed another to sign for the testator in the testator's presence;
- (3) that the testator executed the will as a free and voluntary act for the purposes expressed in it;
- (4) that each of the witnesses, in the presence of the testator and of each other, signed the will as a witness;
- (5) that the testator was of sound mind when the will was executed; and
- (6) that to the best knowledge of each of the witnesses the testator was, at the time the will was executed, at least eighteen (18) years of age or was a member of the armed forces or of the merchant marine of the United States or its allies.
This attestation clause is modeled on the Model Probate Code's version. Statutes that authorize self-proved wills typically provide that a will that contains this language will be admitted to probate without affidavits from the attesting witnesses. In order to issue an attestation report, Active CPA status is required by federal law.
The validity and form of an attestation clause is usually a matter of U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
law, and will vary from state to state. Many states allow attestation clauses to be added as codicils
Codicil (will)
A codicil is a document that amends, rather than replaces, a previously executed will. Amendments made by a codicil may add or revoke small provisions , or may completely change the majority, or all, of the gifts under the will...
to wills that were originally drafted without them.