attestation n. The signature of witnesses to the making of a will or deed. Under the Wills Act 1837 as amended the testator must sign or acknowledge his signature (see acknowledgment) in the presence of two witnesses who must both be present at the same time and who must each sign (attest) in the testator’s presence. The signature of each party to a deed must be attested by one witness. In Payne v Payne [2018] EWCA Civ 985 the Court of Appeal recognized an “intention to attest” on the part of the witnesses where they had written their names on the will (in capital letters) but had not signed it in the usual sense. See also execution of will. |