Distinguish between Testatum and testimonium clause.

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2022
Distinguish between Testatum and testimonium clause.

Answer & Explanation:

Testatum This is the "witnessing" clause which refers to the introductory recitals of the agreement, if any, and also states the consideration, if any, and recites acknowledgement of its receipt. The witnessing clause usually begins with the words "NOW THIS DEED WITNESSES". Where there are more than one observations to be put in the clause the words, "NOW THIS DEED WITNESSES AS UNDER" are put in the beginning and then paragraphs are numbered. Testimonium clause Testimonium is the clause in the last part of the deed. Testimonium signifies that the parties to the document have signed the deed. This clause marks the close of the deed and is an essential part of the deed. The usual form of testimonium clause is as under: "In witness whereof, parties hereto have hereunto set their respective hands and seals the date and year first above written". This is the usual English form of testimonium clause. In India, except in the case of companies and corporations seals are not used and in those cases testimonium clause reads as under: "IN WITNESS WHEREOF the parties hereto have signed this DEED on the date above written". Thus, Testimonium clause can be worded according to the status and delegation of executants. Moreover, this clause in the deed presupposes that the proper parties are signing the document.

Topics: Drafting of Deeds

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