The Attestation Clause of a Will – Simple but Essential

The act of witnessing an instrument of writing, like a will, at the request of the party making will, is done in the attestation clause section of the will. The validity and form of an attestation clause is usually a matter of U.S. state law, and will vary from state to state. The attestation clause in a will is essential.

A will must be drafted and executed properly to be effective. It is most important that the will be worded in clear, unambiguous language. One clause that should always be inserted in a will is the attestation clause (the part of the will that deals with the witnessing of the testator's signature).  New York requires that there be witnesses to a will and that certain formalities of signing be followed.  The attestation clause in a will provides that these requirements were adhered to. Sometimes the witnesses to the will are dead or have moved. In either case, there may be great difficulties in obtaining probate if there is no attestation clause. The attestation clause of the will, while not complicated, is essential.

I have many years of experience working with and advising clients in the creation and implementation of plans and wills that effectively express the clients’ personal desires regarding the disposition and protection of assets while providing potential tax advantages and security for family and beneficiaries. I have represented many clients with probating wills and administering estates.

I graduated in the top 10% of my class at The New England School of Law in Boston and served on the prestigious “Law Review.”

If you are interested in speaking with me about making a will or a probate matter, please call (212) 751-5911 or e-mail