What is an X-Mark signature?
An individual creates an X-mark signature in place of an actual signature. A person may not be able to sign their entire name as an attestation that the content of a document has been studied and authorized if they are illiterate or disabled. A witness is required for the X-mark signature to be legally legitimate.
Understanding an X-Mark Signature
X-mark signatures are so called because, traditionally, the signer leaves just a crosshatched mark that looks like the letter “X” on the document instead of writing their entire, traditional signature. The X-mark may not be the letter “X”; rather, it may be another unreadable symbol intended to verify that the bearer is aware of and accepts the conditions as written.
Questions about the legality and enforceability of papers signed using X-mark signatures may surface because of the evident fraud potential. In some places, unless the testator was mentally or physically incapable of writing their full name, the governing law may oblige courts to declare wills written with an X void.
If someone has been hurt in an accident and has to sign a legal document but cannot sign fully with their hands, they may utilize an X-mark signature. For instance, when receiving medical attention in a hospital, the testator may have to provide a responsible party power of attorney.
Even if the signee is not physically or intellectually disabled, an X-mark signature may be used on business contracts, promissory notes, and checks.
X-Mark Signature Qualifications
Certain states may need at least one witness for an X-mark signature to be accepted. For the document to be enforceable, notarizing the X-mark signature could also be necessary.
When signing a document using an X-mark signature, the signer could also be asked to provide identification. This provision may be used regardless of the person’s health.
Witnesses could or might not be asked to provide identification. In addition to typing or printing their names, they can be asked for their addresses. In the event of a disputed will, witnesses may be called before the court to testify about the testator’s signature on the instrument.
Legal Battles over Signatures with X-Marks
The connection between each witness and the document’s signer may be contested if it is the subject of a legal claim. Fraud problems may arise, for instance, if the sole witnesses to an X-mark signature are those who stand to gain financially from the signing of a will.
Legal problems about the legality of a document with an X-mark signature may arise due to the mental ability of the signatory. Should the signatory have any medical issues that might make it challenging to comprehend their signing, the agreement could not be enforceable. This could happen if the person has dementia or other illnesses that limit their capacity to understand the document’s legal implications.
Conclusion
- When someone is illiterate or disabled and cannot sign a document fully, they will use an X-mark signature.
- Questions about the legality and enforceability of papers signed using X-mark signatures may surface due to the evident fraud risk.
- The link between each witness and the document’s signer might be contested if it is the subject of a legal claim.
