Solicitors Qualifying Examination (SQE) 2025 – 400 Free Practice Questions to Pass the Exam

In the context of wills and their execution, the implication of the absence of an attestation clause is that the validity of the will may require additional evidence of execution. An attestation clause typically serves as a formal acknowledgment that the will was signed by the testator in the presence of witnesses. When this clause is missing, it can lead to challenges regarding the authenticity and proper execution of the document.

Without an attestation clause, the court may require further proof or testimony to establish that the will was correctly executed according to the formalities set out in the relevant legislation, such as the Wills Act 1837 in England and Wales. This means that the proponents of the will must provide evidence, which could include witness statements or other documentation, to demonstrate that the will was indeed executed in a manner that complies with legal requirements.

In situations where there is ambiguity or potential disputes regarding the execution, the absence of an attestation clause emphasizes the importance of gathering sufficient evidence to support the claim for the will's validity.