Attestation Clause

An attestation clause is the statement near the signature block of a Will confirming that the formal signing requirements were met — that the testator signed in the presence of two witnesses, who then signed in the testator's presence. While not strictly compulsory, a properly worded attestation clause creates a strong presumption that the Will was validly executed. This can prevent costly evidence-gathering during probate.

If a Will lacks a clear attestation clause, the witnesses may later need to swear an affidavit explaining how it was signed. Example: "Signed by the testator in our presence and by us in the presence of the testator and of each other." Courts can still admit a defectively executed Will under dispensing powers, but a clean attestation clause makes the grant of probate far smoother.