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Glossary · General

Attestation clause

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Definition: The witnessing clause at the end of a UK will, recording that the s9 Wills Act 1837 formalities have been observed — testator signed in joint presence of two adult witnesses, who then signed in the testator's presence.

A correctly worded attestation clause creates a 'presumption of due execution' at probate, sparing the executors from having to find the witnesses years later to swear an affidavit. Most standard will templates include one.

Without it, the Probate Registry may require evidence from a witness that the formalities were met — possible decades after signing. For DIY wills, the missing or defective attestation clause is one of the most common sources of probate delay.

Primary source: legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/9

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