ATTESTATION
See also: AUTHENTICATION; CONVEYANCES; DEEDS
DOCUMENTS—Authentication; MORTGAGES
NOTARIZED DOCUMENTS; POWER OF ATTORNEY; RELEASES
WILLS.
Wills are generally required to be attested in order to be admitted into probate. Frequently other types of private documents (e.g., deeds, conveyances, mortgages, powers of attorney, releases) are attested even though they do not need to be. Such documents may be authenticated through the testimony of a subscribing witness,{footnote}FRE 901(b)(1); Cal. § 1411.{/footnote} but this is not required. The document may be authenticated through other types of evidence.{footnote}FRE 903; Ill. sec. 8-601.
{/footnote} Where a subscribing witness testifies that he or she cannot remember the document, or denies that it is authentic, the document may still be proven authentic through other evidence.{footnote}Cal. § 1412; Matheson v. Caribo, 109 S.E. 102 (S.C. 1921).{/footnote}