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

The primary function of an attestation clause in a will is to provide prima facie evidence of the will's execution. This clause typically states that the testator signed the will in the presence of the witnesses and that the witnesses signed the will in the presence of the testator and each other. The presence of an attestation clause assists in affirming that the necessary formalities required for a valid will have been observed, thus helping to prevent disputes regarding the execution of the will.

When a will includes a proper attestation clause, it simplifies the process of proving that the will was executed according to the legal requirements. This can be particularly important in probate proceedings, as it alleviates the burden on the proponent of the will to establish its validity through additional evidence. In essence, the attestation clause acts as a strong presumption of the will’s authenticity, making it a vital component in the formalities of will execution.