Public-domain · open source
OpenJurist

Ark. Code Ann. § 28-25-107

Incorporation of writing by reference

Applied in 3 court decisions — leading case Alexander Ex Rel. Alexander v. Estate of Alexander (2002)

Most recently applied in Alexander Ex Rel. Alexander v. Estate of Alexander (December 2002)

Acts 1979, No. 814, §§ 3, 4; A.S.A. 1947, §§ 60-418, 60-419.

How often courts cite this section

19912000200210
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) Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

(2) Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money, evidences of indebtedness, documents of title, securities, and property used in trade or business.

(3) To be admissible under this subsection as evidence of the intended disposition, the writing must either be in the handwriting of the testator or be signed by him or her and must describe the items and devisees with reasonable certainty.

(4) The writing may be: Referred to as one to be in existence at the time of the testator's death;

(5) Prepared before or after the execution of the will;

(6) Altered by the testator after its preparation; and

(7) A writing which has no significance apart from its effect upon the dispositions made by 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.