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Attestation
Practical Law UK Glossary 6-107-6449 (Approx. 4 pages)
Glossary
Attestation
In the context of document execution, the process by which a witness records, on the document itself, that they have observed a party's execution of the document. Attestation is a statutory requirement for:
- A deed executed by an individual (section 1(3), Law of Property (Miscellaneous Provisions) Act 1989), or by a company through the signature of one director in the presence of a witness is accordance with section 44(2)(b) of the Companies Act 2006.
- A will (section 9, Wills Act 1837; see Practice note, Executing wills and codicils: Standard formalities).
In the case of a deed, it is generally accepted that attestation involves:
- The witness observing the deed being executed by the maker.
- The subscription of the witness' signature following a statement (commonly referred to as an attestation clause) that the deed was executed by the maker in the presence of the witness.
For further information, see Practice note, Execution of deeds and documents: Witness requirement.