How do you revoke a will in Arkansas?

Are you considering revoking a will in Arkansas? Understanding how the state treats revocation matters, because a will that you believe is cancelled may still be valid if the steps were not carried out the way the law requires.

Understanding Will Revocation in Arkansas

Revocation of wills in Arkansas is addressed by Section 28-25-109 of the Arkansas Code. The statute recognizes two broad routes to revoking a will, and it is deliberately narrow about what else can undo one.

Revocation by a Later Will

A will, or any part of it, is revoked by a subsequent will that revokes the prior document either expressly or by inconsistency. An express revocation clause is the safer course. Revocation by inconsistency leaves it to a court to work out which provisions survive, which is exactly the uncertainty most people are trying to avoid.

Revocation by Physical Act

A will is also revoked by being burned, torn, cancelled, obliterated, or destroyed, provided this is done with the intent and for the purpose of revoking it. The act may be carried out by the testator, or by another person in the testator’s presence and at the testator’s direction.

Intent is the operative element. A will damaged by accident, or discarded without any intention of revoking it, has not been revoked simply because the paper is gone.

Partial Revocation

Arkansas allows part of a will to be revoked while the rest stands. Where there has been a partial revocation, the statute provides that reattestation of the remainder is not required. The surviving portions do not need to be witnessed again.

What Divorce Does Automatically in Arkansas

If you are divorced or your marriage is annulled after making a will, all provisions in that will in favor of the former spouse are revoked. This happens by operation of law, without any action on your part.

Treat that as a safety net rather than a plan. It addresses the former spouse and nothing else, leaving the remainder of a document written for a different stage of life fully in force.

What Does Not Revoke a Will

Arkansas is explicit that a will is not revoked by a change in the circumstances, condition, or marital status of the testator, subject to the provisions of Section 28-39-401 covering a spouse or child acquired after the will was made.

In practical terms, marrying, having a child, moving, or a substantial change in your assets does not cancel an existing will. Those events change what you probably want your will to say, but they do not change what it does say.

Seeking Legal Guidance

An Arkansas estate planning attorney can confirm that a revocation is effective and that no earlier document survives in a way you did not anticipate. This is worth doing at the time of the change, while the reasoning behind your decisions can still be recorded.

Final Considerations on Will Revocation

Locate every signed copy of the will you are revoking, and tell your executor what has changed. Pair the revocation with a replacement document so your estate is never left to pass under rules you did not choose.

Statutes change and individual circumstances vary. Confirm the current requirements with a licensed Arkansas attorney before acting.