Persons and Entities to Whom Disposition May be Made by Will

A testamentary disposition may be made to the United States, to any instrumentality of the United States, to any of the States or organized territories of the United States, to counties of any of the States or of organized territories of the United States, to municipal corporations of any of the States or of organized territories of the United States, to the Government of Guam, to natural persons capable by law of taking the property, to unincorporated societies or associations or lodges or branches thereof, or to corporations. SOURCE: Probate Code of Guam (1970), § 27; California Probate Code, § 27 (as amended.) COMMENT: Section 27 of the Probate Code of Guam (1970) was considerably more restrictive than § 115. It included no provisions for testamentary disposition to the United States or any State, county or municipal corporation thereof; nor did it provide for testamentary disposition to any organized territory of the United States other than the Government of Guam. Moreover, it severely limited testamentary dispositions. The Commission feels that an important element of the philosophy underlying Guam’s wills statutes is that of effectuating the testator’s intent to the greatest extent practicable. This being the case, there appears to be no good reason to deny testators the privilege of disposing of their property to anyone – whether to natural persons, municipal corporations or other corporations.