Yes, Arkansas law permits disinheriting a child, but strict procedural and substantive constraints apply. A parent may exclude a child from a will or trust, yet the child may contest the action if undue influence, fraud, or lack of testamentary capacity is alleged. Arkansas Code § 28-25-101 et seq. governs will execution, while § 28-25-104 requires two disinterested witnesses for validity. Courts scrutinize disinheritance claims under the Uniform Probate Code, particularly in cases involving omitted children under § 28-25-103. Local probate courts in Pulaski, Benton, and Washington Counties enforce these rules with heightened scrutiny in 2026 due to recent amendments targeting testamentary abuse.
Key Regulations for Disinheriting a Child in Arkansas
- Omitted Child Statute (Ark. Code § 28-25-103): A child born or adopted after a will’s execution may inherit unless the will explicitly excludes them or the parent provided for them outside the estate.
- Undue Influence & Capacity Challenges: Disinheritance claims face reversal if evidence shows coercion, fraud, or the testator lacked mental competence per § 28-25-105.
- Witness Requirements (Ark. Code § 28-25-104): Wills must be signed by the testator and two disinterested witnesses; failure risks invalidation, especially in contested disinheritance cases.
Courts prioritize testamentary intent but require clear, unambiguous language to disinherit. Arkansas’ 2026 probate reforms mandate enhanced documentation for disinheritance clauses, including notarized statements of intent. Local bar associations in Little Rock and Fayetteville have issued advisories emphasizing compliance with these updates to mitigate litigation risks.