Ark. Code Ann. » Title 28 Chapter 73
Arkansas Code Annotated

Ark. Code Ann. § 28-73-603 (2026)

Settlor's powers — Powers of withdrawal. [Effective January 1, 2020.]

✓ current as of May 2026
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  1. To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust. To the extent a trust is revocable by a settlor in conjunction with a person other than a trustee or person holding an adverse interest, the trustee may follow a direction from the settlor and the other person holding the power to revoke even if the direction is contrary to the terms of the trust.
  2. While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.
  3. During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.

History. Acts 2005, No. 1031, § 1; 2019, No. 1021, § 3.

Publisher's Notes. For text of section effective until January 1, 2020, see the bound volume.

Amendments. The 2019 amendment added (a); and redesignated former (a) and (b) as (b) and (c).

Effective Dates. Acts 2019, No. 1021, § 6: Jan. 1, 2020.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2017–2024 · leading case: Holmes v. Potter, 2017 Ark. App. 378 (Ark. Ct. App. 2017).
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Holmes v. Potter, 2017 Ark. App. 378 (Ark. Ct. App. 2017). · cites it 2× “See Ark. Code Ann. § 28-73-603 (a), which provides as follows: (a) While a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.”
Stephanie Wilson & William A. Buckley III v. Jeanette Kolterman, by Her Next Friend, Tad Kolterman Tad Kolterman Monica Johnson & Juanita Groomer, 2024 Ark. App. 376 (Ark. Ct. App. 2024). · cites it 2× “]” Ark. Code Ann. § 28-73-603 (a) (Supp. 2023).”
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