What is the function of an attestation clause in a will?

What is the function of an attestation clause in a will?

• A. Prima facie evidence
• B. Replaces testimony
• C. May be used to impeach
• D. Must be used in every valid will

Answer: (A)

An attestation clause provides prima facie evidence that the will was duly executed. It is the statement at the end of the will that the testator signed in the presence of witnesses and that the witnesses witnessed the signing. This gives the probate court an initial, on-face assurance that the will was properly executed, shifting the burden to someone who challenges the will to show that the execution was defective. The clause itself isn’t conclusive—extrinsic evidence can still be used to dispute issues like lack of capacity, fraud, or improper notarization—but it serves as the standard baseline that the will was executed in the manner required. It is not required in every valid will, but when present it helps streamline probate by establishing good execution on the surface.

An attestation clause provides prima facie evidence that the will was duly executed. It is the statement at the end of the will that the testator signed in the presence of witnesses and that the witnesses witnessed the signing. This gives the probate court an initial, on-face assurance that the will was properly executed, shifting the burden to someone who challenges the will to show that the execution was defective. The clause itself isn’t conclusive—extrinsic evidence can still be used to dispute issues like lack of capacity, fraud, or improper notarization—but it serves as the standard baseline that the will was executed in the manner required. It is not required in every valid will, but when present it helps streamline probate by establishing good execution on the surface.