Will Revocation and Revival Requirements in Arkansas

At a glance

Requirements one by one

Governing law and scope

Arkansas places the core rules in §§ 28-25-109 and 28-25-110. The first section governs whole and partial revocation by a later will or physical act and the effect of divorce or annulment. The second gives the exclusive statutory revival routes. Neither section states a distinct electronic-will revocation method.

Later will, codicil, or writing

Under § 28-25-109(a)(1), a subsequent will may revoke the earlier will or a part of it expressly or by inconsistency. The section does not create a revocation route for an informal note that is not itself a subsequent will.

Physical or electronic revoking act

Section 28-25-109(a)(2) lists burning, tearing, cancelling, obliterating, or destroying the will or part. The physical act must be accompanied by both the intent and the purpose of revoking it.

Act by another person

Another person may perform the listed act, but only in the testator's presence and at the testator's direction. The section does not add a statutory witness count for that directed act.

Partial revocation

The opening words of § 28-25-109(a) reach “a will or any part thereof,” so both the later-will and physical-act routes permit partial revocation. Subsection (c) then says reattestation of the remainder is not required after a partial revocation.

Intent, proof, and presumptions

A listed physical act is not enough by itself; § 28-25-109(a)(2) requires intent and purpose to revoke. The section states no quantified evidence standard and creates no presumption merely because an original will cannot be found.

Divorce, annulment, and other family events

Divorce or annulment revokes all provisions in favor of the former spouse. The rest of the will is not automatically revoked by another change in circumstances, condition, or marital status, although § 28-25-109(b) preserves the separate spouse-election statute in § 28-39-401.

Revival after a later will or revoking act

Arkansas does not make revival depend on merely destroying the later will or keeping the earlier original. Under § 28-25-110, a revoked or invalid will or part can return to effect only through reexecution or through another will that incorporates it by reference.

What trips people up

Revocation and replacement are different acts. Crossing out a gift can revoke that part when the statutory act and intent are present, but writing a replacement gift does not itself become a valid new testamentary disposition unless it is part of a properly executed will.

Divorce does not erase every provision of the will. Section 28-25-109(b) targets the provisions favoring the former spouse and otherwise rejects revocation based only on changed circumstances or marital status.

Common questions

Does an Arkansas will need to be witnessed again after a partial revocation?

No. Section 28-25-109(c) says reattestation of the remainder is not required.

Does marriage alone revoke an Arkansas will?

No. Section 28-25-109(b) says changes in circumstances, condition, or marital status do not revoke a will except for its stated divorce and annulment rule, subject to the separate spouse-election statute.

Can an old Arkansas will be revived just by destroying the newer will?

No. Section 28-25-110 requires reexecution of the old instrument or a subsequently executed will that incorporates the revoked or invalid will or part by reference.

Statutes and sources

• Ark. Code Ann. § 28-25-109 — revocation and family events. The official Arkansas Judiciary probate benchbook reproduces the later-will, physical-act, directed-act, divorce/annulment, and partial-revocation text. Official court publication (accessed 2026-08-01).
• Ark. Code Ann. § 28-25-110 — revival. The same official publication states the reexecution and incorporation-by-reference routes. Official court publication (accessed 2026-08-01).