An X-mark Signature is generally made by an individual as a substitute for a signature. Because of disability or illiteracy, a person might be unable to add a full signature on a document as an attestation that the content has been reviewed and approved.
To make it legally valid, it is necessary to witness the X-mark signature.
It is assumed that scams or doubts may arise regarding the enforceability and validity of documents that are signed with X-mark signature. In certain states, the law may need courts to invalidate wills that have been signed with this type of signature unless the testator is mentally or physically incapable of signing the full name.
The x-mark signature can be used by an individual in case an accident has left him injured. For instance, the testator might need to provide power of attorney to somebody responsible while he is being hospitalized for treatment. Apart from this, there is a possibility to use the x-mark signature to sign commercial contracts, promissory notes and cheques even if the signee is not mentally or physically impaired.
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To make an x-mark signature valid, several states might need more than one witness. Also, this type of signature may also need to be authorized for enforceable documents. In case there is a legal claim that has to be made against the document, the relation of each witness to the individual signing the document would have to be questioned. For instance, if the witnesses to an x-mark signature are people who are gaining advantage from a will that is being signed, fraud concerns may arise. Furthermore, the mental capacity of somebody signing with an x-mark signature might lead to legal issues related to the document’s validity.
If the person is dealing with deficiencies that have impaired his understanding of where he is signing, the document will be rendered unenforceable. This could be valid in the situation if the person is suffering from dementia or other diseases that restrict his ability to understand the legal consequences of the document.
The person who is signing with the x-mark signature might have to show certain identity proof during the time of signing. This condition could be enforced, irrespective of the person’s condition.