E-signatures · Glossary
What is an attestation clause?
An attestation clause is the short wording beside a witness's signature that confirms the witness saw the signer sign the document. It typically reads signed by the named person in the presence of the witness, followed by the witness's signature, name and address. Wills, deeds and some statutory documents need one to be validly executed.
The attestation clause is the witness's statement on the page. Where the law requires a witness, a missing or wrong clause can make an otherwise good document hard to prove.
Indunil Asanka · Co-founder
4 min read · Published
| Part | What it says | Who signs |
|---|---|---|
| Testimonium | In witness whereof the parties have executed this document | Nobody, it introduces the signatures |
| Execution block | Signed by [party] or for and on behalf of [company] | The party or its officers |
| Attestation clause | Signed in the presence of | The witness |
| Witness details | Name, address and sometimes occupation | The witness |
What an attestation clause does
An attestation clause records that a witness was present when the signer signed. It sits next to or under the signer's block and is signed by the witness, who usually prints their name and address. Its purpose is evidential: if anyone later disputes that the signer signed, the witness can be found and asked. Wills and older wills law gave the clause its standard wording, and the same idea is used for deeds and statutory declarations.
When one is needed
Most business contracts need no witness. Some documents do. In England and Wales, section 9 of the Wills Act 1837 requires a will to be signed in the presence of two witnesses who also sign, and section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 requires a deed signed by an individual to be signed in the presence of a witness who attests the signature. In Australia, wills and many deeds and land documents have witnessing rules that vary by state. Statutory declarations need an authorised witness. This page is general information; the document type and the jurisdiction decide.
Attestation and the testimonium
The testimonium is the line before the signatures, often In witness whereof the parties have executed this agreement. Despite its wording, it does not involve a witness at all; it introduces the execution blocks. The attestation clause is the witness's part. A contract can have a testimonium and no attestation clause, and a deed signed by an individual usually needs both.
Common mistakes
Using a party to the document, or the party's spouse, as the witness, which many rules forbid or discourage. A witness who did not actually see the signature, such as one who signed later when handed the page. An attestation clause with no printed name or address. And witnessing over a video call without checking whether the jurisdiction permits it, which some states allowed during 2020 and 2021 and later changed.
Witnessed signatures in the product
The e-sign module does not provide a witness role: recipients are signers, and the approver and cc roles are not reachable in the app. Each signer is identified by their email link and, where set, an access code or an emailed one-time code, and every event lands in an audit trail and a certificate of completion. Documents that the law requires to be witnessed need a process that meets that rule.
Questions people ask
Who can be a witness to an attestation clause?
Usually any adult who is not a party and has no interest in the document, though rules vary. A will witness should not be a beneficiary or their spouse. Statutory declarations need specific authorised witnesses, such as a lawyer, a pharmacist or a police officer, listed in regulations. Check the rules for the document type.
Does an attestation clause make a contract more binding?
No. An ordinary contract is binding without a witness. The clause only adds evidence that the signer signed, which can help if the signature is disputed. Where the law requires attestation, such as for a will or certain deeds, the clause is part of valid execution rather than an optional extra.
What wording does an attestation clause use?
Common forms are signed by [name] in the presence of, or signed, sealed and delivered as a deed by [name] in the presence of, followed by the witness's signature, name and address. Wills often use longer wording stating that both witnesses were present at the same time. Use the wording your jurisdiction expects.
Can a witness attest an electronic signature?
Sometimes. The witness generally must see the signature being made. Some places accept a witness physically present while the signer signs electronically, and some accept audio visual witnessing for particular documents under specific laws. Others still require paper for wills and some land documents. Confirm before relying on it.
Is an attestation clause the same as a notarial certificate?
No. A notary is a public official who certifies identity or a signature under seal, and their certificate carries more weight, especially overseas. An ordinary witness simply confirms they saw the signature. Documents for use in other countries often need notarisation, which a simple attestation clause cannot replace.
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Send a document for signingRelated questions
- Do electronic signatures need a witness?Most contracts need no witness. Deeds, some land documents and statutory declarations do, and the rules on remote witnessing differ by jurisdiction.
- What does signed, sealed and delivered mean?What does signed sealed and delivered mean: the old formula for executing a deed, what each word required then, and what signing a deed involves today.
- What is a jurat?What is a jurat: the certificate on an affidavit showing it was sworn or affirmed before an authorised official, and how it differs from an acknowledgment.
- What is an execution block in a contract?An execution block is the signing section at the end of a contract or deed: wording that shows who signs and on what authority. Company and deed forms compared.
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Written and checked by the OneCraft team. Last checked .