The Attestation Clause

A will is one of the most important documents that an individual can create in his or her lifetime. When you draft a will, you are communicating how you want your property to be allocated when you pass away. To ensure that your wishes are carried out, it is important to ensure that your will is legal and valid. It is equally important to take measures to protect your will so that it can not be wrongfully contested after you are gone. Since you will not be around to verify your will, adding an Attestation Clause is one way to protect your will from potentially greedy relatives and fraud attempts.

An Attestation Clause is an added protection that verifies the validity of your will. The clause is typically located at the end of the will, under the signature of the testator. It may attest that a number of conditions were met when the will was drafted and signed, including that:

  • The will belongs to the testator who signed it;
  • The will was signed in the presence of two witnesses;
  • Each witness signed the will with the testator and other witness present;
  • The testator created the will for the reasons specified in the will;
  • The testator was of sound mind when the will was drafted and signed;
  • The testator was at least 18 years old or a member of the armed services when the will was created.

While some of this information may seem to be self-evident from the will itself, the Attestation Clause adds extra protection to a will by verifying that all of the legal conditions of creating a will were met. It helps to deter relatives or others interested in your will from contesting your wishes by claiming that the will is fraudulent, that you were not of sound mind when it was created, or that the will is not actually yours. If you have already drafted a will but do not have an Attestation Clause included, you can consult with a probate attorney and have the clause added as a codicil or amendment to your will.

Contact Us

To learn more about including measures to protect your will, please contact the experienced Austin estate planning lawyers of Slater Kennon & Jameson, LLP today at 512-338-1100.