Attestation

Attestation refers to the act of witnessing the signing of a formal document by a third party. Attestation serves as a legal acknowledgment to authenticate a document and ensures that all proper processes have been adhered to. This process includes the third party signing the document to verify that all procedures have been followed and that the contents are accurate.

The person who verifies and authenticates the documents is known as the "attester". Attestation is commonly used for wills and trusts. It is important to note that during the attestation process, the attester should not have any personal or professional affiliations with the signatories to maintain independence and objectivity.

The concept of attestation emerged from the need for independent verification. By signing the letter of attestation, the witness confirms that their statement is accurate and valid. Additionally, the other party signs the document to attest that the signature of the first person is authentic. 

How Attestation Works 

The Attestation letter generally verifies the following things:

  • That the person who is signing the will or trust is of right mind or sound mind. 
  • That the testator executed the self-attestation voluntarily, and it was a part of their intentions.
  • That the testator correctly signed the will, and the person who is performing the attestation witnessed the signing process.

The application and form of attestation clauses may vary from state to state, but the main intention behind the attestation process is somewhat consistent everywhere. The only difference that can be in different states behind the laws of attestation is related to who can perform the third-party attestation.

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