**Attestation** (noun) — The act of witnessing the execution of a legal document (particularly a will) and signing it to certify that the signature was made in the witness's presence and that the witness believes the person signing has the requisite legal capacity.
When you witness someone sign their will, you're attesting to it. You're confirming that you saw them sign, that they seemed to understand what they were doing, and that they weren't being pressured.
Attesting a will is a simple but important responsibility. Your signature helps prove the will is genuine if anyone later questions it.
⏱ When you'll encounter this term
In Australia, a will generally requires two witnesses who are both present at the same time. The witnesses must be over 18 and should not be beneficiaries of the will (or married to beneficiaries), as this can invalidate their gifts.
As a witness, you're not reading the will or verifying its contents—you're simply confirming the signing process. If you're asked to witness a will, take it seriously. Make sure the person signs in your presence, and that both witnesses are there together. If there's any coercion or the person seems confused, don't witness the document.
**Related terms:** [Witness](/dictionary/witness), Execution, [Self-Proving Affidavit](/dictionary/self-proving-will), [Testamentary Capacity](/dictionary/testamentary-capacity)
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"The solicitor asked me and a colleague to witness Dad's will. We both watched him sign it, then we each signed as witnesses—that was our attestation that we'd seen him sign it."
💡 Why this matters
Attestation is what makes a will legally valid. Without proper attestation, even a perfectly drafted will becomes an invalid piece of paper. The witnesses' signatures prove the will was executed correctly and can defend against challenges claiming the will was forged or signed under duress.
Take attestation seriously—it's the legal foundation that makes a will enforceable.
⚠️ Common mistakes
- Witnesses signing at different times or in different locations
- Having only one witness when law requires two
- Using interested parties (beneficiaries or their spouses) as witnesses
- Witnesses not actually watching the testator sign the will