Attestation clause Definition

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GLOSSARY

/ˌatɛˈsteɪʃ(ə)n/ /klɔːz/

Published by a UU��ֱ�� Commercial expert

What does Attestation clause mean?

The attestation clause is the place in the agreement where the parties sign to indicate their consent to the provisions of the agreement. The execution clauses and signature blocks are found at the end of the agreement, preferably after the schedules and before the appendices and annexures.

Attestation clauses often state that the agreement is signed by the duly authorised representative of the party. Such representations will help ensure the signatory considers if he has authority to sign the agreement on behalf of the named party and the other party considers if the signatory has actual or apparent authority to bind that party.

If a person is to sign an agreement in two capacities (eg as principal and as agent for another) it is usual to sign separately in each capacity. A single signature is legally effective if it is stated to be in both capacities or there is evidence that the signatory intended it to be a double signature.

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The attestation clause is the place in the agreement where the parties sign to indicate their consent to

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Structure and form of commercial contracts

This Practice Note describes the structure and form of a business to business commercial contract or agreement. It outlines the form which commercial agreements generally take and explains what information should be included in the contract document, including in the parties, background (or recitals), main body, schedules and attestation sections.Form of commercial contractsHow a contract is formedA contract is a legally binding agreement that grants rights and creates duties between two or more parties. Contract law principles provide that for a contract to exist, four key elements must be present:•offer (see Practice Note: Forming enforceable contracts—offer)•acceptance (see Practice Note: Forming enforceable contracts—acceptance)•consideration (see Practice Note: Forming enforceable contracts—consideration), and•an intention to create legal relations (see Practice Note: Forming enforceable contracts—intention to create legal relations)Simple contracts v deedsSimple contracts may be created orally, by conduct or in writing.Certain types of simple contracts however must be created in writing. For details, see Practice Note: Contracts required to be in writing.Some agreements require greater formality and must be executed by deed. A deed...

Validity of Wills—form of Will

Validity of Wills—form of Will Format of a Will There is no prescribed way in which a Will has to be drafted but convention over many years has developed a tried-and-tested format. While styles may differ between those preparing Wills, the general order of clauses is fairly consistent. This helps in reading the Will and avoids errors of omission, as well as providing a consistent method of using technological means to produce Wills. The usual order of clauses is: • opening and revocation • declarations (as to domicile, confirming funeral wishes etc) • appointment of executors and trustees • appointment of guardians • general legacies • specific legacies and devises • residuary gifts • powers of executors and trustees • attestation Not all of the clauses will be used all of the time, but as long as this basic format is used the draftsperson should be able to ensure that everything which should be in the Will is included. Opening and revocation The first sentence of the Will is used...

Discover our 8 Practice Notes on Attestation clause

Clause—standard attestation

Clause—standard attestation AS WITNESS my hand this ............ day of .................................... 20...... SIGNED by [full name of testator] in our presence and then by us in [his] [hers] [theirs]: Witness 1 Witness 2 Signature ................................................. Signature

Clause—attestation by a blind testator

Clause—attestation by a blind testator AS WITNESS my hand this ............ day of .................................... 20...... THIS Will having been first read over to [full name of testator] (who is blind) by [me OR [insert full name of person reading over the Will]] at which time [full name of testator] appeared thoroughly to understand and have knowledge of and to approve the content of the Will was signed in our presence by [ [[insert full name of testator] [by [his OR her OR their] mark] OR OR by [name of person signing on behalf of testator] by [his OR her OR their] direction] ] and then by us in [his OR hers OR theirs]: [Testator’s signature or mark or name if another signs for them]

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