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Attestation clause meaning

/ˌatɛˈsteɪʃ(ə)n/ /klɔːz/
What does Attestation clause mean?
An attestation clause is the short statement in a signature/execution block by which a witness confirms that a named person signed (or acknowledged) the document, with the witness’s details. It is a descriptive drafting term that evidences compliance with execution formalities. In England & Wales and Northern Ireland, it is used for deeds signed by individuals and for company deeds executed by a single director with a witness (not where two authorised signatories sign), and for wills (Wills Act 1837 and Northern Ireland legislation). A full attestation clause in a will helps secure probate without an affidavit of due execution. In Ireland, deeds by individuals are witnessed and wills must be signed and attested by two witnesses (Succession Act 1965). In Scotland, the equivalent is the testing clause; witness attestation makes a deed or will self-proving (probative) under the Requirements of Writing (Scotland) Act 1995. The attestation clause sits at the end of the instrument in the execution block; house style dictates placement relative to schedules. Errors or omission may jeopardise validity (notably for wills and some deeds) or necessitate additional evidence.
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View the related Practice Notes about Attestation clause

PRACTICE NOTES
Executing documents for vulnerable or disabled signatories: accessibility and language measures, foreign-character signatures, execution by proxy, e-signature guidance, and HM Land Registry attestation requirements (England and Wales)

This Practice Note sets out practical steps for arranging the execution of a document by an individual who has an impairment or disability, or where the individual and their adviser do not share the same language. For overarching guidance on executing contracts and deeds, see the following Practice Notes: Deeds Executing documents—deeds and simple contracts We have also created a comprehensive, interactive collection to help users recognise and navigate key concepts and frequent issues in document execution. Each stage includes practical guidance, precedent clauses and Q&As tailored to that phase. For further details, see: Execution collection. Inability to read or comprehend documents in writing An impairment may prevent a signatory from reading a document themselves, for instance where they are partially sighted or blind. It may equally be that the signatory does not read or speak the language used in the document. In addition, do not assume that fluent speakers read at an equivalent level; someone may speak a language with...

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PRACTICE NOTES
Proving wills with irregularities: affidavit and witness statement evidence in non-contentious probate (England and Wales)

Affidavit or witness statement evidence In a grant of representation application, the court will ordinarily accept the details provided in form PA1P or PA1A, or the online application (previously a separate statement of truth), as the sole proof of the deceased’s Will. On occasion, extra material is required, which can be supplied by affidavit or by witness statement. From 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) were revised by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059, to permit the use of witness statements as an alternative to affidavits for particular non-contentious probate applications and processes. Due execution An attestation clause in a Will that demonstrates compliance with section 9 of the Wills Act 1837 creates a presumption that the Will was duly executed. Practitioners must judge whether each testamentary document meets the requirements of WA 1837, s 9. Uncertainty about due execution may arise, for example, where: the testator’s signature, or that of either witness, appears in an...

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PRACTICE NOTES
Structure and Drafting of B2B Commercial Contracts: Formation, Parties, Recitals, Operative Terms, Boilerplate, Schedules and Execution (Simple Contracts v Deeds; Standard Terms v Bespoke; Interpretation Principles)

Form of commercial contracts This Practice Note sets out the structure and format of a business‑to‑business commercial contract or agreement. It summarises the usual layout of commercial agreements and identifies the details to include in the contract document, covering the parties, background (recitals), the main body, schedules, and the attestation provisions. How a contract is formed A contract is a legally enforceable arrangement that gives rights and imposes duties between two or more parties. For a contract to exist, contract law requires four core elements: offer (see Practice Note: Forming enforceable contracts—offer) acceptance (see Practice Note: Forming enforceable contracts—acceptance) consideration (see Practice Note: Forming enforceable contracts—consideration) an intention to create legal relations (see Practice Note: Forming enforceable contracts—intention to create legal relations) Simple contracts v deeds Simple contracts may arise orally, by conduct, or in writing. Certain categories of simple contract, however, must be in writing (see Practice Note: Contracts required to be in writing). Some agreements...

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View the related Precedents about Attestation clause

PRECEDENTS
Standard will attestation clause (two witnesses)

WITNESSED by my hand this ............ day of .................................... 20.........

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PRECEDENTS
Precedent attestation clause for wills executed by a blind testator: read-over; signature by mark or by direction; two witnesses

AS WITNESS I sign this ............ day of .................................... 20.........

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PRECEDENTS
Schedule of amendments to JCT Constructing Excellence Contract 2024 (England): Building Safety/HRB compliance, BIM, IP, deleterious materials, collateral warranties and third party rights, insurance, payment terms, insolvency and liability

This Contract consists of the finalised Constructing Excellence Contract 2024 Edition issued by the JCT, and is varied by the amendments set out below: CONTRACT PARTICULARS The Parties’ completed Contract Particulars shall apply, subject to these changes: Part 1: Details Relevant to the Conditions 4.33 Rectification Period: add a new bullet after the second bullet stating ‘from receipt of the completion certificate from the Building Safety Regulator in respect of’. 8.6 Limitation on liability of Supplier: delete entry. 12.1 Supplementary Conditions—footnote on clause 12.3: delete from footnote 20 the wording ‘clause 12.3 (The Public Contracts Regulations 2015) only applies where stated in those provisions’. Part 8: Third Party Rights and Collateral Warranties 8.A.3.3 The Supplier’s liability to each Beneficiary shall under no circumstances exceed £___ in respect of each breach/in the aggregate: delete entry. ATTESTATION Attestation This...

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View the related Q&As about Attestation clause

Q&As
Can first party solicitors amend the counterparty’s attestation clause post‑signature?

In answering this Q&A The research is confined to situations in which a company has duly executed one counterpart of a contract, yet the witnessing clause for the other party’s execution is completed incorrectly...

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