Marriage. If a testator marries after making a will and has issue of such marriage, and any of the issue survives the testator, or is born after the death of the testator, the will is revoked as to such issue, unless provision has been made for such issue by some settlement, or unless such issue are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation can be received. SOURCE: Probate Code of Guam (1970), § 71. COMMENT: The purpose of § 405 is similar to that of § 401: it protects the testator's issue against receiving nothing from their parent's estate by such parent's making a will before the issue's birth, which will fails to include such issue. Also see Comment to § 401, supra.
COL120106
Section 71 of the Probate Code of Guam (1970) read, in pertinent part, A... or is born after its father's death...@ (emphasis added.) Section 405 has been changed to make it sex-neutral, after the model of § 71 of the California Probate Code as amended in 1975, and as required by Public Law 14-28.