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Attestation Requirements or Defects

Relevant statutes may require certain instruments to be attested by one or more witnesses.  But even in cases of non-compliance of such a statutory provision, the instrument is valid if it is acknowledged by a public officer.  This is because the certificate of acknowledgement to an instrument made by a public officer is an official statement and declaration regarding the truth and accuracy in the instrument.

Therefore, such an act is considered more likely to be true and correct than witnesses’ memory years after.

If relevant statute requires attestation by only one witness and the instrument is acknowledged, the acknowledgment is effective; not as an effective acknowledgement; but as an effective attestation.

An acknowledging officer can be requested to attest a will.  If the acknowledging officer puts his/her signature in the form of a certificate of acknowledgment, s/he can be considered to have attested to the will provided s/he was intended to act as a witness.  The officer might have added the certificate of acknowledgement on belief that it would add to his/her attestation.

Generally, relevant statute may provide that the assignee of a bond or specialty can sue in his/her own name.  In such cases, the assignment should be under seal and before a credible witness.  Since a notary can be a credible witness, an assignment under seal and with the signature of the assignee before a notary is sufficient compliance with the relevant statute.


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