Surviving Spouse Had Expectancy. Whenever any married person dies domiciled in Guam who has made a transfer to a person other than his surviving spouse, without receiving in exchange a consideration of substantial value, of property in which such surviving spouse had an expectancy under Section 1101 of this Title at the time of such transfer, such surviving spouse may require the transferee to restore to such decedent's estate one-half (2) of such property, its value, or its proceeds, if such decedent had a substantial quantum of ownership or control of such property at death. If such dece- dent has provided for such surviving spouse by will, however, such surviving spouse cannot require such restoration unless such surviving spouse has made an irrevocable election to take against the will under Section 1103 of this Title rather than to take under the will. All property restored to such decedent's estate under the provisions of this Section shall go to his surviving spouse pursuant to Section 1101 of this Title as though such transfer had not been made.
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SOURCE: California Probate Code, § 201.8. COMMENT: Section 1107 is new to Guam. An identical provision was added to California law in 1957, at the same time that California added § 201.5 (equivalent to § 1101, supra.) The purpose of the Section is to prevent a married person from disposing of Aquasi-community@ property before death, thereby depriving the surviving spouse of such property. ----------
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