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Ark. Code Ann. § 28-24-101

Contracts affecting the devise of property

Applied in 9 court decisions — leading case Jones v. Abraham (2000)

Most recently applied in Holmes v. Potter (June 2017)

Acts 1949, No. 140, § 28; 1981, No. 658, § 1; A.S.A. 1947, § 60-412.

How often courts cite this section

198920002010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A valid agreement made by a testator to convey property devised in a will previously made shall not revoke the previous devise, but the property shall pass by the will subject to the same remedies on the agreement against the devisee as might have been enforced against the decedent if he or she had survived.

(2) However, a contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 17, 1981, can be established only by: Provisions of a will stating material provisions of the contract;

(3) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or

(4) A writing signed by the decedent evidencing the contract.

(5) The execution of a reciprocal or mutual will does not create a presumption of a contract not to revoke the will.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.