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Attestation clause

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Attestation clause

In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator's signature.

In the United States, 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:

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.

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.

References

Attestation clause Wikipedia