Will Law

Will law is an ancient area of law, going back to biblical times.  Wills and will law from the Greek period forward is common.  It can be straightforward, or complicated depending on the circumstances.

A Last Will and Testament is a legally binding document that says how a person (the testator) wants their belongings divided up after they pass.  In reality, it is a list of gifts to be given out under the direction of the court (probate). A Will may also name guardians for your children, decide how debts are to be paid, and serve as a backup to a living trust.

Under Arkansas will law, a testator must be 18 years old, know what they have, and who they want it to go to.  Wills that are typed must have two witnesses.  Writing after the signatures is usually ignored.

The witnesses may sign an affidavit for facts they would typically be required to testify to in order to validate the Will.

Arkansas does allow hand written (holographic) wills.  But, a holographic will must have 3 disinterested witnesses.  A holographic will must be completely in the handwriting of the testator. A disinterested witness is one who will not inherit under the will and is not related to the testator.

Arkansas will law does not allow oral wills.

An Arkansas Will is revoked by subsequent Wills that revoke prior Wills, burning, tearing, cancellation, obliteration, or destruction with the intent of revocation.  No revoked Will may be revived other than by executing the Will again.

If you don’t have a Will, the Arkansas Legislature has already decided who gets your stuff and how much they get.  The courts and heirs will control how long it takes.

NOTE:  State laws are always subject to change at any time.  Usually changes are through the legislature enacting new laws.  But, sometimes the courts will modify or interpret the laws through other means.