What Is an Attestation Clause in a Will?

What does an attestation clause do?

An attestation clause is a short statement confirming the will was signed and witnessed correctly, under the Wills Act 1837. It sits directly above the signatures at the end of the document.

Its purpose is evidential. If nobody who witnessed the signing is available or willing to confirm it later, a clear attestation clause is strong evidence that everything was done properly. Nobody then needs to testify to it after the event. The word attestation comes from the Latin, where a witness clause often began “quod attestor”, meaning “which I bear witness to”, which is exactly what the clause records. Wills without one are not automatically invalid, but proving correct execution becomes harder if a question is ever raised.

Is an attestation clause a legal requirement in England and Wales?

No, an attestation clause is not a legal requirement under the Wills Act 1837, but nearly every properly drafted will includes one. The formal requirement is correct signing and witnessing itself, not the wording that records it.

What the law actually requires is that the will is in writing and signed by the testator. The signature must also be made or acknowledged in the presence of two witnesses who then sign in the testator’s presence too. An attestation clause is simply the standard way of stating, in the document itself, that this happened. Omitting it does not make a will invalid on its own, but it removes a layer of evidence that can matter if anyone later challenges how the will was signed.

What happens if a will has no attestation clause?

Without an attestation clause, the will can still be valid, but proving correct signing may need an affidavit of due execution. This is a sworn statement, usually from a witness, confirming the formalities were followed.

If a witness can be traced and is willing to sign such a statement, the probate application can usually proceed once it is submitted alongside the will. If witnesses cannot be found, have died, or the circumstances of signing are unclear, resolving the question can take longer and cost more than it would with a clear attestation clause in place. This is exactly the scenario a properly worded attestation clause is designed to prevent.

What does an attestation clause say?

A typical attestation clause confirms the testator signed in front of both witnesses, who then signed in the testator’s presence. The exact wording varies, but the substance is the same.

A standard example reads: “Signed by the above-named testator as their last will, in our presence, and then by us in theirs.”

Some versions add detail confirming the testator understood and approved the document. This is useful if their capacity might later be questioned. A solicitor-checked online will includes a properly worded attestation clause as standard, so you do not need to draft the wording yourself.

Does a codicil need its own attestation clause?

Yes. A codicil is executed with the same formalities as a will, so it also needs its own separate attestation clause too. The clause on your original will does not cover later changes made afterwards.

If you add a codicil to update a gift or change an executor, it must be signed and witnessed exactly as the original will was, and its own attestation clause records that this happened. An attestation clause also cannot rescue a will where a witness turns out to be a beneficiary: that rule still cancels the gift, regardless of what the clause says.

Where should you check for an attestation clause?

Check the final page of the will, directly above where the testator and both witnesses have signed their own names. If you cannot find one, that is worth flagging early, well before someone has died.

If you are reviewing your own will, or helping an older relative check theirs, look for a short paragraph just before the signatures. It should confirm the will was signed in the presence of two witnesses, who then signed in the testator’s presence too. If nothing like this appears, it does not automatically mean the will is invalid, but it does mean proving correct execution later may take an affidavit rather than the document speaking for itself. A solicitor-checked online will includes this as standard, so there is nothing to check for afterwards.

Frequently asked questions

Do I need an attestation clause in my will?

It is not a strict legal requirement, but including one is standard practice and strongly recommended. It provides clear evidence that your will was signed and witnessed correctly, which can save your executors time and cost if the will is ever questioned.

Can a will be valid without an attestation clause?

Yes, provided it was actually signed and witnessed correctly under the Wills Act 1837. Without the clause, proving this may require a sworn statement from a witness, called an affidavit of due execution, which adds time and cost to probate.

What is the difference between an attestation clause and witnessing?

Witnessing is the act of signing in each other’s presence. The attestation clause is the written record confirming that this happened correctly, and it sits at the end of the document. You need correct witnessing regardless of the clause, but including it makes the fact of correct execution far easier to prove.

Do both witnesses need to sign near the attestation clause?

Yes, the witnesses should sign close to the attestation clause and the testator’s signature, on the same page. This avoids any doubt later about which document and which signatures the clause is actually describing, which matters if the will is ever questioned.