Disposition of Community Property by Will

Every adult person of sound mind may dispose of his community property by will to the extent provided in Chapter 10 of this Title. SOURCE: California Probate Code, § 21. COMMENT: Section 21 of the Probate Code of Guam (1970) read: “The extent to which community property may be disposed of by will is provided in Chapter I of Division II of this Code.” Section 103, which follows the revision that was made to § 21 of the California Probate Code in 1933, makes it clear that community property may be disposed of by will, a point which might have been arguable under the previous wording. It also sets forth exactly who may dispose of community property by will, a point which was left ambiguous under the previous wording.