Solicitors Qualifying Examination (SQE) Practice Exa\

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What is required for a valid executed will to include?

  1. A witness signature

  2. An attestation clause

  3. A notary public's seal

  4. A specific date of execution

The correct answer is: An attestation clause

A valid executed will must include specific elements to ensure its legitimacy. Among these, an attestation clause is critical because it serves as evidence that the will was properly executed. This clause usually appears at the end of the will, confirming that the testator signed the document in the presence of the witnesses and that those witnesses counter-signed, affirming that they witnessed the signing. The attestation clause also confirms the capacity of the testator to make the will and that they were of sound mind when executing it. Thus, the presence of an attestation clause helps provide assurance to the court that the requirements for a valid will have been met, making it an essential component of a legally binding document. While a witness signature is also essential for validity, its inclusion is linked to the attestation clause, as it is part of the execution process that the clause confirms. A specific date of execution is not a legal requirement for a will to be valid but can be important for administrative purposes and establishing intention. Lastly, a notary public's seal is not necessary for the validity of a will in most jurisdictions, making the attestation clause the more critical requirement for a valid executed will.