Ark. Code Ann. » Title 28 Chapter 11
Arkansas Code Annotated

Ark. Code Ann. § 28-11-405 (2026)

Forfeiture

✓ current as of May 2026
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Every jointure, devise, and pecuniary provision, in lieu of dower or curtesy, shall be forfeited by the spouse for whose benefit it shall be made, in the same cases in which the spouse would forfeit his or her dower or curtesy, as the case may be. Upon such a forfeiture, any estate so conveyed for jointure and every pecuniary provision so made shall immediately vest in the person, or his or her legal representatives, in whom they would have vested on the determination of the spouse's interest therein by the death of the spouse.

History. Rev. Stat., ch. 52, § 15; C. & M. Dig., § 3528; Pope's Dig., § 4412; Acts 1981, No. 714, § 36; A.S.A. 1947, § 61-220.

Research References

U. Ark. Little Rock L. Rev.

J. Cliff McKinney, With All My Worldly Goods I Thee Endow: The Law and Statistics of Dower and Curtesy in Arkansas, 38 U. Ark. Little Rock L. Rev. 353 (2016).

Case Notes

Cited: Pickens v. Black, 318 Ark. 474, 885 S.W.2d 872 (1994).

Chapter 12 Disposition Of Community Property

Publisher's Notes. For Comments regarding the Uniform Disposition of Community Property Rights at Death Act, see Commentaries Volume B.

Research References

Am. Jur. 15A Am. Jur. 2d, Community Prop., § 109 et seq.

Ark. L. Notes.

Watkins, A Guide to Choice of Law in Arkansas, 2005 Arkansas L. Notes 151.

Ark. L. Rev.

Leflar, Conflict of Laws: Arkansas, 1983-87, 41 Ark. L. Rev. 63.

U. Ark. Little Rock L.J.

Legislative Survey, Decedents' Estates, 4 U. Ark. Little Rock L.J. 591.

Notes of Decisions
Cited in 2 cases, 1994–1994 · leading case: Pickens v. Black, 885 S.W.2d 872 (Ark. 1994).
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Pickens v. Black, 885 S.W.2d 872 (Ark. 1994). · cites it 2× “Pickens dying without bodily heirs, created a life estate in R.”
Pickens v. Black, 885 S.W.2d 872 (Ark. 1994). · cites it 2× “2d 370 (1929) (it is presumably the intention of the testator that a renunciation of the life estate shall be considered as equivalent to its termination by the death of the life tenant, and that the beneficiaries entitled in remainder shall enter into its enjoyment at once);…”
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