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Legal Terms – Attestation
An attestation refers to the act of witnesses signing a will or deed. According to the Wills Act 1837, as amended, the person making the will (testator) must sign it or affirm their signature in the presence of two witnesses. Both witnesses must be present at the same time and must sign the will in the presence of the testator. Each party's signature on a deed must be validated by a single witness. In the case of Payne v Payne [2018] EWCA Civ 985, the Court of Appeal acknowledged the presence of a "intention to attest" by the witnesses who had inscribed their names on the will using capital letters, but had not signed it in the customary manner.
An attestation refers to the act of witnesses signing a will or deed. According to the Wills Act 1837, as amended, the person making the will (testator) must sign it or affirm their signature in the presence of two witnesses. Both witnesses must be present at the same time and must sign the will in the presence of the testator. Each party's signature on a deed must be validated by a single witness. In the case of Payne v Payne [2018] EWCA Civ 985, the Court of Appeal acknowledged the presence of a "intention to attest" by the witnesses who had inscribed their names on the will using capital letters, but had not signed it in the customary manner.
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