Election of Surviving Spouse to Take Under or Against Will,

Requasi-Community Property. Whenever a decedent has made provision by a valid will for his surviving spouse and such surviving spouse also has a right under Section 1103 of this Title to take property of such decedent against the will, such surviving spouse shall be required to elect whether to take under the will or to take against the will unless it appears by the will that the testator intended that such surviving spouse might take both under the will and against it. SOURCE: California Probate Code, § 201.7. COMMENT: Section 1105 is new to Guam. An identical provision was added to California law in 1957, at the same time that California added § 201.5 to its Probate Code. (equivalent to § 1101, supra.) No decisional law was reported concerning California § 201.7 as of the end of 1979; however, its purpose and effect seem clear from its face. Under the California (and Guam) law concerning succession to community property, the surviving spouse may be put to an election if the deceased spouse leaves a will: whether to take under the will, or to take the Aforced share@ that arises under the succession statutes. Section 1105 makes it clear that the same election may be made as to quasi- community property; this merely makes both species of property subject to equivalent treatment.