The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.
Guide rewritten and published 12/08/2025
1. Overview
Where a person is physically unable to sign their name, they may still execute a document by making a mark. Where a document is executed by a person who makes a mark, an attestation clause setting out the nature of the incapacity and certifying that the person fully understood the nature and effect of the document signed must be used. Emphasis is placed on ensuring that the person making a mark understands the consequences of the registration of the document. For this reason, care should be exercised in the choice of a witness.
The interpreter should be the witness, or if not, the interpreter must also sign the document and have their signature witnessed.
2. Examples of Marksman and Interpreter Clauses
2.1. A person who understands English and cannot write
Signed by (name of marksman) _____________________________
by making (his/her/their) mark, (he/she/they) being incapable of signing their name.
Mark __________________________________________________
In the presence of (witness’s signature) _______________________
(witness’s full name) ______________________________________
(witness’s address) ______________________________________
(occupation of witness) ___________________________________
on (date) _______________________________________________
2.2. A person who understands English and cannot read or write
Signed by (name of marksman) _____________________________
by making (his/her/their) mark, (he/she/they) being unable to read or write, after this instrument had been read and explained to (him/her/them) and (he/she/they) then appearing to understand fully its nature and effect.
Mark __________________________________________________
In the presence of (witness’s signature) _______________________
(witness’s full name) ______________________________________
(witness’s address) _______________________________________
(occupation of witness) ____________________________________
on (date) _______________________________________________
2.3. A person who understands English and is visually impaired
Signed by (name of marksman) _____________________________
by making (his/her/their) mark or signature,
Mark ____________________________________________________
(he/she/they) being visually impaired and who understands English and after this instrument had been read and explained to (him/her/them) and (he/she/they) then appearing to understand fully its nature and effect in the presence of
(witness’s signature) _______________________
(witness’s full name) ______________________________________
(witness’s address) ______________________________________
(occupation of witness) ___________________________________
on (date) _______________________________________________
2.4. A person who cannot write, does not understand English and requires an interpreter
In this case, care should be taken in the choice of a witness:
Signed by the said (name of marksman) _____________________________
by making (his/her/their) mark, (he/she/they) being unable to read and write in the English language after this instrument had been read and explained to (him/her/them) in the (name of language) ____________________ by (name of interpreter) ________________,
a person understanding both languages, (he/she/they) then appearing to understand fully its nature and effect.
Mark ____________________________________________________
In the presence of (interpreter’s signature) ____________________
(interpreter’s full name) ____________________________________
(interpreter’s address) _____________________________________
(interpreter’s occupation) _____________________________
on (date) ___________________
The interpreter should be the witness, or if not, the interpreter must also sign the document and have their signature witnessed. The interpreter’s witness must also state their full name, address and occupation.
2.5. A person who can write, does not understand English and requires an interpreter
In this case also, care should be taken in the choice of a witness:
Signed by (name of person) ________________________________
(he/she/they) being unable to read in the English language after this instrument had been read and explained to (him/her/them) in the (name of language) ___________________________
by (name of interpreter) ______________________________________
a person understanding both languages, (he/she/they) then appearing to understand fully its nature and effect.
Usual signature of person ____________________________________________________
In the presence of (interpreter’s signature) ____________________
(interpreter’s full name) ____________________________________
(interpreter’s address) ____________________________________
(interpreter’s occupation) _____________________________
on (date) ___________________
The interpreter should be the witness, or if not, the interpreter must also sign the document and have their signature witnessed. The interpreter’s witness must also state their full name, address and occupation.