Attestation Clauses
When drafting a will, a testator often adds a final statement to verify the will. This is largely done to reinforce the will in court in case someone should challenge the overall validity of the document. Also, if a testator has drafted their own testament, these statements can provide a standard protective clause to more easily process these wills and trusts. The exact form of these clauses, known as attestation clauses, is left to state law.
If you are beginning to consider the future of your estate, we may be able to help. Contact the Houston wills and trusts lawyers of Garg & Associates, P.C., today at 281-362-2865 to learn more about the options and regulations involved in drafting a testament.
The Contents of an Attestation Clause
The importance of an attestation clause is that it provides some basic verification for necessary questions concerning a testament. In particular, it documents that proper protocol was followed. The clause often largely emphasizes the testimony of witnesses, making their judgment the primary means to legally verify the state of mind of the testator. The following are often required in an attestation clause:
- The testament was produced out of free will
- The signature on the testament is the testator’s or was ordered by the testator
- The testator was of sound mind
- The testator was at least 18-years-old
- If not 18-years-old, the testator was in the United States military
The attestation clause should also include the witness signatures and a statement verifying that the signatures present belong to the witnesses.
Contact Us
In some scenarios, a challenge to an unprotected estate plan can prove devastating to that testator’s intentions. However, there are some legal options that can provide some simple solutions for the most basic challenges to a will or trust. For more information, contact the Houston wills and trusts attorneys of Garg & Associates, P.C., by calling 281-362-2865.
