Signing by Mark
A testator who is unable to
create his or her own signature may
execute the
will by placing a mark on the
document. Some reasons that a person cannot complete a signature may be
illiteracy or a weakened physical condition. An "X" is commonly thought of
as the type of mark associated with this type of
execution.
The testator's mark alone is not sufficient to create a valid will, the
mark must also be "subscribed" by another person. To subscribe a mark,
someone must write the testator's name around the testator's mark
after it has been made.
For Example:
The "X" is the only writing that has been made by the testator. All of the
other writing has been done by the subscribing person on the testator's
behalf. After the testator, Kurt Nilson, made an "X" on the document, the
subscribing person wrote "Kurt Nilson" and "HIS MARK" around the "X" to show
that it was made by Mr. Nilson.
HIS
Kurt X Nilson
MARK
Any will signed by a mark must have at least two
subscribing witnesses
who were present and observed the entire process. Without two subscribing
witnesses, the will is improperly
executed and cannot be accepted for
probate. Also, the person
writing the testator's name around the mark cannot also sign as a
subscribing witness.
See: Improper Execution,
Generally;
Signing By Another Person;
will Validity, Generally
