CandleFocus Glossary Editor
An X-Mark signature is a form of signature used by people who are unable to write their own names, usually due to illness or disability. The signature consists of an individual adorning a document with an “X” representing their signature. However, due to the abundantly clear opportunity for deception that an X-mark signature presents, legal practitioners and document signers alike must take extra care when insisting on or agreeing to an X-mark signature.
This type of signature is often used in situations where a person is unable to sign their own name but needs to acknowledge their participation in a legal matter or a document. It may also be used by individuals who are illiterate, or where a language barrier exists that prevents a full signature from being made. In instances where the signer is present, two independent witnesses are often required in order to validate the X-mark signature and provide a full record of the process by which it was put into place. These witnesses should be people familiar with the signer in order to confirm their identity as well as their full understanding of the document.
The use of an X-mark signature may be considered valid in certain jurisdictions, however, there remains a certain amount of uncertainty surrounding the acceptability of the signature on a court level in different countries. The generally accepted approach to an X-mark signature is regarded as a last resort of acknowledgement, in particular if the other party cannot provide two witnesses when the document is signed. It is therefore never advised to use an X-mark signature on voluntary and personal documents in order to prevent any loopholes appearing which could invalidate the agreement.
Overall, an X-mark signature should be approached with caution, particularly in more formal documents. Both parties should seek evidence confirming the identity of the signer, as well as that individual’s full comprehension of the document, before accepting the signature. Ultimately, such precautionary measures will reduce the likelihood of legal claims being brought against the X-mark signature in the future.
This type of signature is often used in situations where a person is unable to sign their own name but needs to acknowledge their participation in a legal matter or a document. It may also be used by individuals who are illiterate, or where a language barrier exists that prevents a full signature from being made. In instances where the signer is present, two independent witnesses are often required in order to validate the X-mark signature and provide a full record of the process by which it was put into place. These witnesses should be people familiar with the signer in order to confirm their identity as well as their full understanding of the document.
The use of an X-mark signature may be considered valid in certain jurisdictions, however, there remains a certain amount of uncertainty surrounding the acceptability of the signature on a court level in different countries. The generally accepted approach to an X-mark signature is regarded as a last resort of acknowledgement, in particular if the other party cannot provide two witnesses when the document is signed. It is therefore never advised to use an X-mark signature on voluntary and personal documents in order to prevent any loopholes appearing which could invalidate the agreement.
Overall, an X-mark signature should be approached with caution, particularly in more formal documents. Both parties should seek evidence confirming the identity of the signer, as well as that individual’s full comprehension of the document, before accepting the signature. Ultimately, such precautionary measures will reduce the likelihood of legal claims being brought against the X-mark signature in the future.