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Ark. Code Ann. § 28-25-109

Revocation of wills

Applied in 7 court decisions — leading case Wells v. Estate of Wells (1996)

Most recently applied in Craig v. Craig (October 2018)

Acts 1949, No. 140, §§ 22, 23; 1979, No. 814, §§ 1, 2; A.S.A. 1947, §§ 60-406, 60-407.

How often courts cite this section

199120002010201810
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 will or any part thereof is revoked: By a subsequent will which revokes the prior will or part expressly or by inconsistency; or

(2) By being burned, torn, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in the testator's presence and by the testator's direction.

(3) If, after making a will, the testator is divorced or the marriage of the testator is annulled, all provisions in the will in favor of the testator's spouse so divorced are revoked. With these exceptions, no will or any part thereof shall be revoked by any change in the circumstances, condition, or marital status of the testator, subject, however, to the provisions of § 28-39-401.

(4) When there has been a partial revocation, reattestation of the remainder of the will shall not be required.

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.