An X-mark signature is made by a person in lieu of an actual signature. Due to illiteracy or disability, a person may be unable to append a full signature to a document as an attestation that its content has been reviewed and approved. For it to be legally valid, the X-mark signature must be witnessed.
Key Takeaways
- An X-mark signature is made by a person who is unable to append a full signature to a document due to illiteracy or disability.
- Because of the obvious potential for fraud, doubts may arise about the validity and enforceability of documents signed with X-mark signatures.
- In the event of a legal claim against the document, the relationship of each witness to the person signing the document may be called into question.
What is an X-Mark Signature?
X-mark signatures are so named because historically the person signing the document simply makes a cross-hatched mark resembling a letter “X” rather than their full, customary signature. The actual form of the X-mark may not actually be a letter “X” and might take some other form of an illegible mark meant to authenticate that the person understands and agrees to the stated terms.
Due to the obvious potential for fraud, doubts may arise about the validity and enforceability of documents signed with X-mark signatures. In some states, the presiding law can require courts to invalidate wills signed with an X unless the testator was physically or mentally incapable of signing their own full name.
Practical Uses
An individual might use an X-mark signature if they have been injured in an accident and need to approve a legal document but cannot physically form a full signature. For example, the testator may need to grant power of attorney to a responsible party while they are being treated in a hospital.
It is possible for an X-mark signature to be used to sign checks, commercial contracts, and promissory notes, even if the signee is not impaired physically or mentally.
Essential Requirements
States may require more than one witness for an X-mark signature to be valid. Additionally, an X-mark signature may need to be notarized for the document to be enforceable.
An individual using an X-mark signature may also be required to show proof of their identity at the time the document is signed, even if the individual is illiterate or disabled.
Witnesses may or may not be required to provide proof of their identities. They could be required to supply their addresses and to also type or print their names. Witnesses may be summoned to court to testify regarding the signing of the document by the testator, especially in cases of a contested will.
Legal Challenges and Considerations
In the event of a legal claim against the document, the relationship of each witness to the person signing the document might be called into question. For instance, if the only witnesses to an X-mark signature are individuals who stand to benefit from the will being signed, concerns for fraud could be raised.
The mental capacity of the individual signing an X-mark signature may also lead to legal challenges to the validity of the document. If the individual suffers from conditions impairing their understanding of what they are signing, the document may be deemed unenforceable. This could occur if the individual suffers from dementia or other ailments restricting their ability to comprehend the legal effects of the document.
Related Terms: fraud, wills, power of attorney, promissory notes, notarize.
References
- Law Shelf Educational Media. “Statutory Requirements for a Valid Written Will”.
- National Notary Association. “Notary Tip: How to Handle a Signature by Mark”.
- Harvard University. “Everything You Wanted to Know About Documented Consent But Were Afraid to Ask”.
