Purpose of attestation
The attestation clause is the formal statement at the end of the will that records how the will was signed and witnessed.
Its main purposes are:
* Evidence of proper execution – It confirms that the testator (the person making the will) signed the will in the presence of two witnesses, and that the witnesses then signed in the presence of the testator, as required by s.9 of the Wills Act 1837.
- Presumption of due execution – If a will contains a properly worded attestation clause, the probate registry will normally accept it at face value. This avoids the need for witnesses to give affidavits or attend court to prove the will was validly executed.
- Clarity and certainty – It provides clear, written proof of the circumstances of execution, reducing the risk of challenges to the will based on technicalities.
- Administrative efficiency – It helps the probate process move smoothly, as the court does not need to make further enquiries about execution unless the clause is missing or defective.
Without an attestation clause
the will can still be valid, but the probate registry may require extra evidence (such as a witness statement) to prove it was executed correctly.
How to prove due execution to probate office
Types of affidavit
1. Affidavit of Due Execution
- Used when there’s doubt about whether the will was properly signed and witnessed in accordance with the Wills Act 1837.
- Sworn by one or both witnesses (or someone else present at execution).
2. Affidavit of Plight, Condition and Finding
- Used when the will is damaged, marked, or has unusual alterations.
- Explains the state of the will (e.g. stains, burns, tears, staple holes, writing in margins).
- Helps the court decide whether it should still be admitted to probate.
3. Affidavit of Handwriting
- Used when the will (or a part of it) is handwritten or unsigned by witnesses, and the court needs proof it
was written/signed by the deceased. - Typically sworn by someone familiar with the deceased’s handwriting.
4. Affidavit of Due Diligence
- Used when the applicant must show they made proper efforts to locate a will, codicil, or entitled relatives (e.g. in intestacy).
5. Affidavit of Renunciation / Power Reserved
- Used when an executor renounces probate or wishes to reserve power to act later.
- Sworn to confirm their decision and filed with the application.
6. Affidavit of Fitness
- Sometimes required when the applicant is a minor or someone with limited capacity — another person swears they are fit to act.
7. Affidavit for Executor’s Death
- Sworn to prove that a named executor died before taking the grant, so another person may apply.
8. Affidavit of Service / Consent
- Used where consents or notices must be given to people with equal or prior right to the grant (e.g. in intestacy or under Rule 22).
- Confirms they were properly notified.
