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What Is a No Contest Clause? A no contest clause is a provision in an estate planning document such as a will or trust that states if a beneficiary chooses to challenge the terms of the document, that beneficiary will forfeit any gift or bequest under the document.
Overview of Arkansas Will Laws Nuncupative (oral) wills are not valid in Arkansas, but handwritten (also called "holographic") wills are valid as long as its entirety is written in the testator's own hand and witnessed by "three credible, disinterested witnesses."
Arkansas's probate code requires estates to go through probate if the decedent owned property, had minor-aged children, or bequeathed valuable assets to beneficiaries, whether or not they died without a will.
They are: (1) a failure to comply with statutory procedures when making a will; (2) a person lacking the requisite mental capacity at the time of signing; (3) a person being subject to undue influence at the time of signing; and (4) the will or trust being produced as a result of fraud or mistake.
Handwritten wills are valid, but the entire will must be in your own handwriting. You must also sign it. If your handwritten will is challenged, three witnesses must testify that the will is in your handwriting. You should not have any witness sign your handwritten will.
No, in Arkansas, you do not need to notarize your will to make it legal. However, Arkansas allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the ?testator? or ?testatrix?, and (c) signed by two witnesses who were present to witness the execution of the document by the maker ...
§ 28-25-103. Your witnesses should be "disinterested," meaning that you have not given them anything in the will. If an "interested" witness signs the will, the witness could lose the gifts you left to them through the will. Ark.