For many working professionals, signing documents is a regular and often weekly (if not daily) occurrence. However, in certain instances, it may be necessary to have a document ‘attested’.
In the UK, attestation is commonly required for a wide range of documents, including educational certificates, personal documents, Powers of Attorney, commercial agreements, police clearance certificates, wills, and medical or financial records, particularly when these are intended for use abroad.
This process becomes especially critical for documents destined for countries outside the Hague Apostille Convention, where additional embassy or consular legalisation may be necessary. Attestation often forms part of the wider process of document legalisation for overseas use. It provides essential legal verification of a document’s authenticity, ensuring it will be recognised and accepted by foreign authorities, courts and official entities across international borders.
In this article, we’ll explore the meaning of ‘attestation’ in greater detail and cover questions and issues such as:
- What is the true meaning of ‘attestation’?
- What is the purpose of attesting a document?
- The types of documents requiring attestation in the UK
- Specific attestation requirements and processes that must be followed
- Who can attest a document?
- Attestation vs notarisation
- The role of a notary public in attesting a document
What is the true meaning of ‘attestation’?
Before exploring the process, it helps to define attestation clearly. According to how dictionaries define attestation, the meanings of to ‘attest’ and ‘attestation’ include:
- The action of formally witnessing or certifying something (Oxford Language Dictionary); and
- A statement made by signing a document to officially confirm it was correctly written and signed (Cambridge Dictionary).
The word ‘attestation’ originally derived from the Latin phrase ‘attestatiō’ meaning ‘testimony’ or ‘witnessing’. This is derived from the verb ‘attestari’, which means ‘to bear witness to’ or ‘to affirm’. The word came into English through Middle French and first appeared in the mid-1500s.
In the current context, attestation is the process whereby a person formally attests to the signing of a document made by another person or persons. The term is commonly used interchangeably with the term ‘witnessing’.
Attestation vs notarisation in the UK
While the terms are sometimes used interchangeably, notarisation by a notary public in the UK involves a more rigorous form of attestation. Standard attestation by a non-notary witness simply confirms they saw a signature, whereas attestation in notary services includes comprehensive identity verification, capacity assessment and carries probative force in legal proceedings. More on this is explained towards the end of this article.
What is the purpose of attesting a document?
Now that you have the etymology and general definition, you may wonder: What does attestation mean in law? Why may it be necessary to have a document attested for legal or international use?
The main purpose of attestation is that of evidentiary value. Proper attestation supports the legitimacy of a document if challenged. For instance, if it was ever brought into question or dispute whether Person A signed Document B, then Witness C could be called upon (perhaps by a court of law) to testify that they had attested the signing of Document B by Person A on X date. Note that a witness doesn’t certify the contents, only that they observed the signing.
Though not mandated strictly by law, it has become customary in the United Kingdom for any attestation of a document to include the following three details of the attesting witness(es):
- The full name of the attesting witness;
- The full residential address of the attesting witness; and
- The occupation of the attesting witness.
The reasons for this are obvious: If the attesting witness was ever required to be called upon to give testimony or evidence as to their attestation of a document, then they can be located at their residential address. (There is, of course, an issue if the attesting witness has since moved from the residential address written on the document, but there is little that can be done to ameliorate this.)
The types of documents requiring attestation in the UK
In the UK, specific documents are required to be attested according to specific requirements. For example, certain formal documents must be signed and delivered as ‘deeds’ in order for such documents to be binding and enforceable under English law.
Among the documents that must be signed as a deed are:
- Powers of Attorney;
- Gifts;
- Trusts;
- Leases of land of more than seven years in duration;
- Transfer of title agreements to property or land.
Another key document which must be attested under English law is a Last Will. However, the formal requirements for a valid will under English law are distinct from those for deeds (see below).
Specific attestation requirements and processes that must be followed
Deeds
According to Section 1, sub-section (2) of the Law of Property (Miscellaneous Provisions) Act 1989, a deed is only valid if it:
- … “[M]akes it clear on its face that it is intended to be a deed by the person making it or, as the case may be, by the parties to it (whether by describing itself as a deed or expressing itself to be executed or signed as a deed or otherwise)”; and
- “is validly executed as a deed by that person”.
For a deed to be validly executed by an individual, it must be signed by the maker in the presence of a witness who attests the signature, or alternatively, signed at the maker’s direction and in their presence along with two witnesses who each attest the signature, and the deed must be delivered as such.
An interesting fact is that a regular contract will usually only be enforceable by the other party within a six-year period from the date of its breach, whereas for a deed it will be further extended by another six years to 12 years.
Last Wills
Unlike deeds, wills do not require delivery as a deed, but they too will need to be witnessed.
For a Last Will to be legally valid, it must not only be attested by one person but by at least two people. Importantly − and this is something not known by many − a beneficiary of a gift under a Last Will shouldn’t be a party who attests the testator’s signing of the Last Will. A beneficiary can technically witness a will, but if they do, the gift to that beneficiary becomes void under Section 15 of the Wills Act 1837.
Of specific note for Last Wills:
- The signature of the testator may be made or acknowledged in the presence of two or more witnesses present at the same time. The meaning of ‘acknowledge’ the signature is when someone confirms to another that a mark on a document contains his or her signature; and
- Each attesting witness either attests and signs the Last Will or acknowledges his or her signature in the presence of the testator (but not necessarily in the presence of any other attesting witness to the Last Will).
It should be noted that the same attestation formalities under English law apply not only to Last Wills but also to Codicils (namely, restatements of Last Wills).
Who can attest a document?
Under English law, generally speaking, any competent adult person can act as an attesting witness to the signing of a document of another person. (However, do note there are exceptions to this general rule, as explained above relating to Last Wills).
Having said that, for documents signed in the United Kingdom but destined for use in a jurisdiction outside of the UK, there may be specific requirements as to the qualification of a witness, such as:
- Age;
- Profession/occupation; and
- Connection with the signing party.
To name but one example: It is sometimes required that a notary public is the only permitted party to attest to the signing of a document, which is why our services are of such importance in facilitating the attestation of documents for use outside of the UK.
Another situation in which the profession of the attesting party is of importance is when a person swears or affirms an affidavit or declares a statutory declaration. Inevitably, the party who oversees the swearing or affirmation of the affidavit or declaration under the statutory declaration would need to attest to the signing of the document, rather than a third-party attesting witness.
The role of a notary public in attesting a document
Understanding attestation in notary services is crucial when documents require international recognition. Notaries provide formal attestation services that go beyond simple witnessing − this is a key distinction in attestation vs notarisation in the UK context.
Among other things, notaries are required to:
- Establish the identity of the party signing the document. Notaries may also authenticate supporting evidence, such as IDs;
- Obtain evidence of a party’s representative authority in signing a document (for example, if a company is entering into a contract or deed, we would need to see the directors’ representative authority – whether that be board resolutions or otherwise – setting out their authority to sign the document in question); and
- Ensure that the party signing the document or deed is compos mentis and therefore has the necessary capacity, free will and understanding to sign the document or deed and be bound by its contents.
This is why countries outside of the United Kingdom so often insist on a notary’s involvement in acting as an attesting witness to a document signed by a party or parties.
Not only this, but our acts as notaries – including attesting the signing of documents – are usually accorded with so-called ‘probative’ force. This means that whatever is said in our attestation is automatically accorded legal recognition and evidence of what was said without any further proof.
Note that some countries require documents to be legalised through embassy or consular channels. In addition, in many cases, the FCDO (Foreign, Commonwealth and Development Office) may need to legalise a document before it is accepted abroad. Requirements vary depending on the country where the document will ultimately be submitted.
Conclusion
Attestation is a regularly requested requirement for the signing of documents within and outside of the United Kingdom for a host of various documents.
Whilst notaries and solicitors are by no means exclusively empowered to attest the signing of documents, there may be a specific requirement from the ultimate recipient of the notarial act to insist on, say, a notary being the attesting witness.
If you require Notary.co.uk’s services to attest the signing of any manner of document, please contact us by emailing: info@notary.co.uk or calling 020 7630 1777
FAQs
What does attestation mean in UK legal documents?
Attestation is the formal witnessing of a signature, confirming that a document was signed correctly and by the right person.
Why is attestation important?
It provides evidentiary value, allowing a witness to confirm a signature if its authenticity is ever disputed.
Which documents commonly require attestation in the UK?
Deeds, Powers of Attorney, trusts, long leases, property transfers, Last Wills and various other documents usually intended for use abroad.
How does attesting a deed differ from attesting a Last Will?
Deeds require clear intent to be a deed and valid execution with at least one witness, while wills must be signed or acknowledged before two witnesses who cannot benefit from the will.
What does a notary public do when attesting a document?
A notary verifies identity, checks authority and capacity, witnesses the signing, and provides an attestation with probative legal force. A notary’s signature and stamp provide recognised evidentiary weight overseas.
Notaries may also authenticate supporting evidence, such as IDs or company documents.