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AR HB1936

Bill

Status

Failed

10/15/2021

Primary Sponsor

Nicole Clowney

Click for details

Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

  • Amends Arkansas Code § 28-25-103 to define "material portions" as words identifying property being devised and "signature" as any mark intended to authenticate a document, including nicknames, marks, or initials.

  • Requires wills to be in writing and signed by the testator or signed in the testator's name at the testator's direction by someone in the testator's conscious presence, with at least two witness signatures within a reasonable time after witnessing the signing or acknowledgment.

  • Allows documents that do not comply with standard will execution requirements to be valid as holographic wills if the testator's signature and material portions are in the testator's handwriting.

  • Permits extrinsic evidence to establish a testator's intent for a document to constitute a will, including portions not in the testator's handwriting.

  • Repeals Arkansas Code § 28-25-104, which previously required holographic wills to be proved by at least three credible disinterested witnesses to the handwriting and signature.

Legislative Description

To Clarify The Law Concerning The Execution Of Wills And Holographic Wills.

Last Action

Died in House Committee at Sine Die Adjournment

10/15/2021

Committee Referrals

Judiciary4/14/2021

Full Bill Text

No bill text available