Key Takeaways

  • To attest a contract means to witness its signing and formally verify its authenticity by also signing as a witness.
  • An attestation clause certifies the proper execution of the document, commonly found in wills and deeds.
  • An attesting witness must be requested by the parties to observe and sign; otherwise, their signature has no legal effect.
  • Attestation strengthens enforceability, helps prevent fraud, and provides evidence if disputes arise over validity.
  • Different contexts—such as international business, immigration, or notarization—require attestation to ensure recognition of documents across jurisdictions.
  • If an attesting witness cannot testify (due to death, incapacity, or unavailability), secondary evidence may sometimes be allowed in court.

Attestation

Contracts And Evidence. The act of witnessing an instrument of writing, at the request of the party making the same, and subscribing it as a witness.

It will be proper to consider:

1. How it is to be made.

2. How it is proved.

3. Its effects upon the witness

4. Its effect upon the parties.

The attestation should be made in the case of wills, agreeably to the direction of the statute and in the case of deeds or other writings, at the request of the party executing the same. A person who sees an instrument executed, but is not desired by the parties to attest it, is not, therefore, an attesting witness, although he afterward subscribes it as such.

The general rule is, that an attested instrument must be proved by the attesting witness. But to this rule there are various exceptions, namely:

1. If he resides out of the jurisdiction of the court

2. Is dead

3. Becomes insane

4. Has an interest

5. Has married the party who offers the instrument

6. Refuses to testify

7. Where the witness swears he did not see the writing executed

8. Becomes infamous

9. Is blind

From these numerous cases, and those to be found in the books, it would seem that, whenever from any cause the attesting witness cannot be had secondary evidence may be given. But the inability to procure the witness must be absolute, and, therefore, when he is unable to attend from sickness only, his evidence cannot be dispensed with.

When the witness attests an instrument which conveys away, or disposes of his property or rights, he is estopped from denying the effects of such instrument; but in such case he must have been aware of its contents, and this must be proved.

Proof of the attestation is evidence of the sealing and delivery.

Attestation in International and Business Contexts

Outside traditional contracts, attestation also plays a vital role in international dealings. For example, when documents such as diplomas, birth certificates, or powers of attorney must be used abroad, they often need to be attested by government agencies or notaries before being recognized. In these cases, attestation:

  • Confirms that the issuing authority is legitimate.
  • Ensures documents are accepted in foreign legal systems.
  • Is often required for immigration, business incorporation, or foreign employment processes.

This global use underscores that attestation is both a legal safeguard and a practical necessity for cross-border recognition.

Purpose and Legal Importance of Attestation

The central purpose of attestation is to provide independent verification that a document was properly executed. When asking “what does attest mean on a contract,” it refers to the act of a witness confirming that the parties freely signed the agreement. This process helps:

  • Prevent forgery or fraud by requiring independent observation.
  • Ensure that parties cannot later deny execution of the document.
  • Strengthen enforceability in court by adding credible testimony if the contract’s validity is questioned.
  • Facilitate compliance with statutory requirements, such as those for wills or deeds.

In certain contexts, such as real estate transactions or estate planning, attestation is not optional—it is a legal requirement for the document to be valid.

Attestation Clause

That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same. The usual attestation clause to a will, is in the following formula, to wit: 'Signed, sealed, published and declared by the above named A B, as and for his last will and testament, in the presence of us, who have hereunto subscribed our names as the witnesses thereto, in the presence of the said testator, and of each other.'

That of deeds is generally in these words 'Sealed and delivered in the presence of us.' When there is an attestation clause to a will, unsubscribed by witnesses, the presumption, though slight, is that the will is in an unfinished state and it must be removed by some extrinsic circumstances. This 'presumption is infinitely slighter, where the writer's intention to have it regularly attested, is to be collected only from the single word 'witnesses.'

Common Forms of Attestation Clauses

While attestation clauses vary, they typically include:

  • Wills: Certifying that the testator signed the will in the witnesses’ presence.
  • Deeds: Stating that the deed was sealed and delivered in the presence of witnesses.
  • Contracts: Identifying that the parties signed voluntarily, often with notary acknowledgment in more formal agreements.

These clauses serve as pre-drafted assurances to courts that procedural requirements were met. Without them, disputes over the validity of execution are more likely.

Attesting Witness

One who, upon being required by the parties to an instrument, signs his name to it to prove it, and for the purpose of identification.

The witness must be desired by the parties to attest it, for unless this is done, he will not be an attesting witness, although he may have seen the parties execute it.

Qualifications and Responsibilities of an Attesting Witness

To be valid, an attesting witness generally must:

  • Be a competent adult with no disqualifying legal incapacity.
  • Have no conflicting interest in the contract (for example, beneficiaries under a will are usually disqualified).
  • Be physically present at the time of execution.
  • Sign the document at the request of the parties.

Responsibilities of an attesting witness include being prepared to testify, if needed, about the circumstances of signing. Their testimony can confirm that the signer understood the contract, was not coerced, and executed it voluntarily.

Frequently Asked Questions

  1. What does attest mean on a contract?
    It means a witness observed the signing of the document and verified its authenticity by also signing it.
  2. Is attestation always required for contracts?
    No. While some contracts (like wills or deeds) require attestation, many business contracts do not unless specified by law or parties.
  3. Who can act as an attesting witness?
    Typically, any competent adult with no direct interest in the agreement. Some jurisdictions have restrictions to ensure impartiality.
  4. What happens if a contract lacks an attestation clause?
    It may still be valid, but without an attestation clause, proving authenticity in court becomes more difficult.
  5. How is attestation different from notarization?
    Attestation involves witnesses verifying execution, while notarization is performed by a notary public who confirms identity and capacity, often required for international or high-value documents.

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