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28-39-406. Revocation of spouse's election.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-39-406. Revocation of spouse's election.
An election made by or on behalf of a surviving spouse to take against the will shall be binding and shall not be subject to revocation, except within the time provided by § 28-39-403 for filing an election and prior to any distribution made on the basis of the election, or thereafter for such causes as would justify a decree for the rescission of a deed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-39-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-39-406
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b9d06f711c44a562bf55c433082e8d485da078b9ff68c99b559f7626c0f93836
Source location: content.xml paragraph 3861
Stored source content
28-39-406. Revocation of spouse's election.
An election made by or on behalf of a surviving spouse to take against the will shall be binding and shall not be subject to revocation, except within the time provided by § 28-39-403 for filing an election and prior to any distribution made on the basis of the election, or thereafter for such causes as would justify a decree for the rescission of a deed.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-39-403. Spouse's time limitation for filing election.
(a) The election by a surviving spouse to take against the will may be made at any time within one (1) month after the expiration of the time limited for the filing of claims.
(b) However, if, at the expiration of the period for making the election, litigation is pending to test the validity or to determine the effect or construction of the will or to determine the existence of issue surviving the deceased or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of the surviving spouse to make an election shall not be barred until the expiration of one (1) month after the date of the final order of the circuit court adjudicating the issue in litigation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-39-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-39-403. This identifies an authority to review, not proof of applicability.