The Attestation Clause in a Will: What It Is and Why It Matters
A proper attestation clause records that the s9 Wills Act 1837 formalities were followed — raising a presumption of due execution that protects against probate challenges and avoids the need for witness affidavits.
Standard Attestation Clause Wording
Standard form
"Signed by [full name] as their last will and testament in our presence and in the presence of each other, and then by us as witnesses in the testator's presence, all being simultaneously present at the time of signing."
Followed by testator signature, then each witness signing and printing their full name and address.
With vs Without an Attestation Clause
With proper attestation clause
- ✓Presumption of due execution applies
- ✓Probate Registry accepts without witness affidavit
- ✓Challenger must displace the presumption
- ✓Standard grant application proceeds smoothly
Without attestation clause
- !No presumption — validity must be proved
- !Probate Registry likely requests witness affidavit (PA5)
- !If witnesses unavailable: potential contested probate
- !Delay and additional cost to the estate
Frequently Asked Questions
What is an attestation clause in a will?
An attestation clause is a short statement at the end of a will — before the testator's signature and witness signatures — that records the circumstances in which the will was signed. A standard form reads: 'Signed by the above-named [testator's name] as their last will in our presence, and then by us in their presence.' The purpose is to confirm that the formal execution requirements of s9 Wills Act 1837 were satisfied: the testator signed (or acknowledged a prior signature) in the simultaneous presence of at least two witnesses, both of whom then signed. It is not legally required to use a specific form of words, but the clause should make clear that all parties were present at the same time.
Does a will need an attestation clause to be valid?
No — an attestation clause is not a formal legal requirement for a valid will. Section 9 Wills Act 1837 sets out the only requirements: the will must be in writing, signed by the testator, and the signature must be made or acknowledged in the presence of two or more witnesses present at the same time, each of whom attests and subscribes (signs) the will in the testator's presence. A will without an attestation clause can still be valid if these requirements were in fact complied with. However, without a clause, the Probate Registry will typically require one or both witnesses to swear an affidavit of due execution (Form PA5) confirming the circumstances — this adds time and cost.
What is the presumption of due execution?
If a will contains a proper attestation clause, the courts and Probate Registry apply a presumption of due execution — they presume that the will was executed in compliance with s9 Wills Act 1837. This is a rebuttable presumption: it can be displaced by positive evidence that the formalities were not followed. But the burden of proof is on the person challenging validity, not on those seeking probate. The leading case is Sherrington v Sherrington [2005] EWCA Civ 326, which confirmed that the presence of an attestation clause is strong evidence of regularity. Without the clause, there is no presumption and the Probate Registry may require evidence of compliance before granting probate.
What happens if a will has no attestation clause and the witnesses cannot be found?
If there is no attestation clause and one or both witnesses are unavailable (deceased, untraceable, or incapacitated), the Probate Registry may accept other evidence of due execution — for example, an affidavit from someone who was present when the will was signed, or evidence from a solicitor who prepared the will. In the absence of any evidence that the formalities were complied with, the Registrar may require an application for a order to pronounce for or against the will in solemn form — a more costly and time-consuming procedure. This is one of the most common practical reasons why including a clear attestation clause is strongly recommended.
Can the attestation clause in a will be used as evidence against validity?
Yes — the attestation clause can cut both ways. If the clause contains language that suggests requirements were NOT met — for example, if it states only one witness was present — this may be evidence that the will was not validly executed. Courts will look at all the surrounding evidence. In Sherrington v Sherrington [2005], the court found that a clause recording simultaneous presence was strong evidence of validity even where witnesses' memories were uncertain. However, if the facts clearly contradict the clause — for example, the witnesses admit they were not simultaneously present — the clause cannot overcome that evidence and the will may be held to be invalid. The clause records what happened; if what happened was defective, the clause cannot cure the defect.
Get the Execution Right First Time
The WillSafe kit includes clear signing instructions and a correctly worded attestation clause — so your will is valid and probate-ready from the moment it is signed. From £19.97.