Definition
An attestation clause is the formal statement at the end of a will that records how the testator and witnesses signed the document, providing crucial evidence that the will was executed properly according to UK law.
While not legally mandatory, including a properly worded attestation clause can save your family thousands of pounds and months of probate delays by creating a legal presumption that your will was signed correctly.
What Does Attestation Clause Mean?
Under Section 9 of the Wills Act 1837, no form of attestation is legally necessary for a will to be valid. However, this technical point masks the attestation clause's critical practical importance. The clause serves as written evidence of the execution ceremony—the formal signing process that makes your will legally binding. A typical attestation clause follows a two-part structure: first, the testator's (the person making the will) declaration that they signed the document, and second, the witnesses' confirmation that they observed this signature and then signed themselves in the testator's presence. Standard wording states: "Signed by [testator name] as their last will in our joint presence, and then by us in theirs" followed by witness signatures, full names, addresses, and occupations.
When a will includes a proper attestation clause, probate registrars presume the will was executed correctly according to legal requirements. This presumption of due execution means courts accept the will without demanding additional proof. In contrast, when an attestation clause is missing or insufficient, Rule 12 of the Non-Contentious Probate Rules 1987 requires registrars to obtain an affidavit or witness statement confirming proper execution. This requirement creates serious practical challenges. Sarah's father died in 2024, leaving a handwritten will from 2015 with no attestation clause. One witness had emigrated to Australia, and the other had died in 2020. Sarah's solicitor tracked down the Australian witness, arranged international affidavit preparation, and obtained proper notarization—adding six months and £2,400 to the probate process. A simple attestation clause would have avoided this entirely.
The process costs and delays compound when witnesses are elderly, have moved away, or have died. Solicitors charge £150-£400 per hour to trace witnesses and prepare affidavit evidence. International witnesses require additional notarization and potentially translation services. The probate registry won't grant probate until this evidence is provided, freezing the estate and preventing executors from accessing funds needed for funeral costs, mortgage payments, or other urgent expenses. When James applied for probate for his mother's will, the registrar noted the attestation clause properly stated the will was signed on 15 March 2022 "in our joint presence." Because the clause was complete and correctly worded, probate was granted within three weeks without any additional evidence required.
Different circumstances require specific attestation clause variations. Blind or illiterate testators need special wording confirming the will was read aloud to them before execution. When someone signs on behalf of a testator who cannot write, the clause must state this person signed "at the direction and in the presence of the testator" and name them. Testators who sign with a mark (X) need attestation confirming their identity and understanding. These special clauses provide crucial evidence that addresses potential validity concerns about whether the testator knew and approved the will's contents.
Common Questions
"Do I need an attestation clause for my will to be valid in the UK?" No, Section 9 of the Wills Act 1837 explicitly states that no form of attestation is necessary for validity. However, including a properly worded attestation clause is strongly recommended because it creates a legal presumption that your will was executed correctly, making probate faster and cheaper for your family. Without it, your executor may need to track down witnesses to provide sworn affidavit evidence, causing delays and additional costs of hundreds or thousands of pounds.
"What should an attestation clause say in a UK will?" A standard UK attestation clause should state that the will was "signed by [your name] as [his/her] last will in our joint presence, and then by us in [his/hers]" followed by two witnesses' signatures, full names, addresses, and occupations. This wording confirms all key legal requirements: that you signed, that both witnesses were present together when you signed, and that they then signed in your presence. The date should also be recorded, though it can appear elsewhere in the will.
"What happens if my will doesn't have an attestation clause?" Your will remains legally valid, but obtaining probate becomes more complicated. Under Rule 12 of the Non-Contentious Probate Rules 1987, the probate registrar must require an affidavit or witness statement confirming the will was signed correctly. This means your executor must track down witnesses who may have moved, become incapacitated, or died, then arrange for them to provide formal legal statements—often costing £500-£2,500 and delaying probate by several months. A proper attestation clause avoids this entirely.
Common Misconceptions
Myth: An attestation clause is legally required for a will to be valid in England and Wales.
Reality: Section 9 of the Wills Act 1837 explicitly states "no form of attestation shall be necessary." A will can be legally valid without any attestation clause whatsoever, provided it meets the core requirements: in writing, signed by testator, signed by two witnesses in testator's presence. However, the absence of an attestation clause means the probate registry will require additional affidavit evidence from witnesses to prove proper execution, causing significant delays and costs.
Myth: As long as two people have signed my will as witnesses, the attestation clause doesn't matter.
Reality: While witness signatures are essential, the attestation clause serves a distinct and crucial purpose: it provides evidence of how the signing happened. Witnesses could sign a will at different times, in different places, or without the testator present—all of which would invalidate the will despite having two witness signatures. A proper attestation clause stating the will was signed "in our joint presence, and then by us in theirs" provides evidence that the correct legal procedure was followed.
Related Terms
Understanding Attestation Clause connects to these related concepts:
- Witness: The attestation clause is signed by witnesses and records their role in the execution ceremony, formally confirming they saw the testator sign the will.
- Execution: Execution is the formal signing process that the attestation clause records and evidences, proving compliance with the Wills Act 1837 requirements.
- Testator: The testator is the person making the will, whose signature is the first element recorded in the attestation clause.
- Wills Act 1837: This primary legislation governs will execution in England and Wales, with Section 9 setting out the formal requirements that attestation clauses evidence compliance with.
Related Articles
- UK Will Requirements: Is Your Will Legally Valid?: Understanding how attestation clauses fit into the broader legal requirements for will validity, including why they provide crucial evidence of proper execution under the Wills Act 1837.
- How to Sign a Will in the UK (The Correct Way): Step-by-step instructions for the execution ceremony that the attestation clause records, helping you understand the signing process your attestation should reflect.
- Who Can Witness a Will in the UK?: Understanding witness eligibility requirements ensures the people signing your attestation clause are legally valid witnesses, making the attestation effective.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.