Attestation Clause in a Will

I’m going to share a very important part of estate planning law in this post.

The act of witnessing an instrument of writing, like a Will, at the request of the party making the Will, is done in the attestation clause section of the Will. The validity and form of an attestation clause is usually a matter of U.S. state law, and can vary from state to state. The attestation clause in a Will is essential. Utah Estates, Powers and Trusts Law Section 3-2.1 provides the requirements for the signing and witnessing of a Will.  The statute has a number of provisions which include the requirement that the Will be in writing and signed at the end. A Utah attestation clause lawyer can guide you through these requirements.

The statute further provides that there must be at least two attesting witnesses and that any writing that is placed on the Will following the testator’s signature, other than the witness attestation, is not to be given any effect.  Another requirement of the statute is that the testator declare to the witnesses that the paper he is signing is his Will.

The preparation and execution of a Last Will may seem rather routine.  However, the provisions of the Will providing for dispositions to beneficiaries as well as the inclusions of significant statutory provisions such as the attestation clause allow a smooth and efficient probate and estate settlement process.  Without proper language and terms a Will may be subject to a Will Contest and invalidated.

A Will must be drafted and executed properly to be effective. I’ve seen poorly written wills and trusts alot as an estate lawyer in Utah. It is most important that the Will be worded in clear, unambiguous language. As noted, one clause that should always be inserted in a Will is the attestation clause (the part of the will that deals with the witnessing of the testator’s signature).  An attestation clause lawyer in Utah can advise you on drafting it. Utah requires that there be witnesses to a Will and that certain formalities of signing be followed.  The attestation clause in a Will provides that these requirements were adhered to. Sometimes the witnesses to the Will are dead or have moved. In either case, there may be great difficulties in obtaining probate if there is no attestation clause. The attestation clause of the Will, while not complicated, is important.

Although the statute only requires that there be two witnesses, it is common for New York Will Lawyers to have three persons act as attesting witnesses.  The witnesses should be disinterested and not receive any benefit under the Will.  At the time the Will is executed the witnesses usually also sign an affidavit which sets forth the basic elements regarding their witnessing of the Will such as the testator was over 18 years of age and that they saw the testator sign the Will and that all the witnesses were present when the testator and witnesses signed.  This paper is called a self-proving affidavit and is attached at the end of the Will and helps expedite the probate of the Will.

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Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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