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Words: | Submitted: Tue Mar 30 2004
... incompetent if he or she is a beneficiary under the terms of the will; if one of the necessary witnesses is a beneficiary, the will is void. To remedy such situations it has generally, although not universally, been provided by statute that a bequest to a subscribing witness shall be void and that the will shall otherwise be valid. If the will was valid without the beneficiary's attestation, the gift remains valid. II ATTESTATION An attestation clause, or a clause certifying the proper execution of the will, must usually be added after the testator's signature. The following is a simple form of such a clause: Signed, sealed, published, and declared by Jane Doe, the testator, as her last will and testament in the presence of us, who at her request and in her presence and in the presence of each other have hereunto subscribed Our names as witnesses. A.B. residing at ...
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