Attestator is a legal term referring to a person who makes or signs a will in the presence of witnesses. The role of an attestator is to witness the signing of the will and confirm its authenticity. They are responsible for ensuring that the testator, the person making the will, is of sound mind and not under any undue influence or coercion. Attestators play a crucial role in the legal process of validating a will and ensuring that the wishes of the testator are carried out after their death.
An attestation clause is a statement at the end of a will that is signed by witnesses, confirming that the will was signed by the testator in their presence.
No, an attestation clause must be signed at the same time as the will by the testator and witnesses.
The number of witnesses required for an attestation clause varies by state, but typically two or three witnesses are required.
In most states, a witness who is also a beneficiary may still be able to inherit, but their gift may be reduced or invalidated.
If there is no attestation clause on a will, it may still be valid if it meets the requirements of the state’s laws regarding wills.
In some states, a notary public can serve as a witness for an attestation clause, but it is not always recommended as it may create conflicts of interest.
An attestation clause should be typed or printed to ensure clarity and legibility, but in some cases, a handwritten attestation clause may be accepted.
In most states, a witness who is a family member of the testator may still be able to serve as a witness, but it is generally recommended to use disinterested witnesses.
A holographic will, which is entirely handwritten and signed by the testator, may not require an attestation clause in some states, but it is still recommended to have witnesses.
The laws regarding digital or electronic wills vary by state, but in some cases, an attestation clause may still be required for these types of wills.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 12th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/attestator/
- Modern Language Association (MLA):Attestator. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/attestator/.
- Chicago Manual of Style (CMS):Attestator. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/attestator/ (accessed: May 09 2024).
- American Psychological Association (APA):Attestator. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/attestator/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts