Delaware Affidavit with Signature by Mark made by Someone Unable to Write with Witnesses

State:
Multi-State
Control #:
US-00489BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is an affidavit by a person who is unable to write due to being illiterate or physically unable to write his or her name.
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FAQ

Underneath the signature line and underneath the person's mark write ?his/her mark.? A witness should be present to sign as well. A specific notarial certificate will be used to document the nature of the signing.

The signer by mark must include his or her mark in the notary public journal. To qualify as a signature, the making of the mark in the notary public journal, must be witnessed by an individual who must write the person's name next to the mark and then sign his or her own name as a witness.

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 in name to a document as an attestation that its content has been reviewed and approved. In order to be legally valid, the X-mark signature must be witnessed.

A witness is any neutral, third-party observer of a document signing. Both signature guarantors and notaries can serve as a witness to a document signing. Most legal documents require a witness of some sort to be considered valid, regardless of whether it is a signature guarantor or a notary.

The term "signature" includes a mark when the person cannot write, the name being written near it, and the mark being witnessed by a person who writes their name as a witness, except to an affidavit or deposition, or a paper executed before a judicial officer, in which case the attestation of the officer is sufficient.

What is a signature by mark? A signature by mark is an alternative to writing a full signature. The signer instead makes a mark (such as an "X") or other symbols on the document. Under the laws of many states, a mark is considered a signature and is treated as such.

The signer should make the mark between the first and last name. The notary then prints the words "His (or Her) Mark" below the person's signature mark. The witnesses shall also sign the document with the designation, ?Witness: Signature of Witness ?.

The signer by mark must include his or her mark in the notary public journal. To qualify as a signature, the making of the mark in the notary public journal, must be witnessed by an individual who must write the person's name next to the mark and then sign his or her own name as a witness.

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Delaware Affidavit with Signature by Mark made by Someone Unable to Write with Witnesses