Title 15 — Estates and Probate

Paramount. The interpretation of wills, wherever made, is governed, when relating to property within the territory of Guam, by the laws of the territory of Guam, and the rules prescribed in this Chapter are to be observed, unless an intention to the contrary clearly appears; prov…

Testator's Intention to be Given Fullest Effect Possible. Several testamentary instruments executed by the same testator are to be taken and construed together as one instrument. A will is to be construed according to the intention of the testator. Where the testator's intention …

Total Intestacy. The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative; and of two modes of interpreting a will, that is to be preferred which will prevent a total…

Construed as a Whole; Construction of Irreconcilable Parts. COL120106 Where the meaning of any part of a will is ambiguous or doubtful, it may be explained by any reference thereto, or recital thereof, in another part of the will. All the parts of a will are to be construed in re…

Other Words in Will, Inferences, Arguments, and Inaccurate Recitals. A clear and distinct devise or bequest can not be affected by any reasons assigned therefor, or by any other words not equally clear and distinct, or by inference or argument from other parts of the will, or by …

Evidence to Arrive at Testamentary Intent. When there is an imperfect description in a will, or no person or property exactly answers the description in a will, mistakes and omis- sions must be corrected, if such error appears from the context of the will or from extrinsic eviden…

Sense; Construction of Technical Words. The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other use can be ascertained. Technical words are not necessary to give effect to …

to Devise Fee; Effect of Devise of Realty. The term Aheirs,@ or other words of inheritance, are not requisite to devise a fee, and a devise of real property passes all of the estate of the testator, unless otherwise limited. SOURCE: Probate Code of Guam (1970), § 107.

Words of Donation and Words of Limitation. A testamentary disposition to Aheirs,@ Arelations,@ Arepresentatives,@ Alegal representatives,@ Apersonal representatives,@ Afamily,@ Anearest of kin@ or Anext of kin@ of any person, without other words of qualification, and when the ter…

Bequest to Testator's Own Heirs or Next of Kin. The law of the territory of Guam does not include either COL120106 (1) the common law rule of worthier title, that a testator cannot devise an interest to his own heirs; or (2) a presumption or rule of interpretation that a testator…

A devise of land conveys all the estate of the testator therein which he could lawfully devise, unless it clearly appear by the will that the testator intended to convey a less estate. SOURCE: Probate Code of Guam (1970), § 120.

When Not. Any estate, right, or interest in lands acquired by the testator after the making of his will, passes thereby and in like manner as if title thereto had been vested in the testator at the time he made the will, unless the contrary manifestly appears by the will to have …

COL120106 Words in a will referring to death or survivorship, simply, relate to the time of the testator's death, unless possession is actually postponed, in which event they must be referred to the time of possession. SOURCE: Probate Code of Guam (1970), § 122.

A testamentary disposition to a class includes every person answering to the description at the testator's death; but when the possession is postponed to a future period, it includes also all persons coming within the description before the time to which possession is postponed, …

When a will directs the conversion of real property into money, such property and all its proceeds shall be deemed personal property from the time of the testator's death. SOURCE: Probate Code of Guam (1970), § 124.

Property. A devise or bequest of all the testator's real or personal property, in express terms, or in any other terms denoting the testator's intent to dispose of all his real or personal property, passes all the real or personal property which the testator was entitled to dispo…

A devise of the residue of a testator's real property, or a bequest of the residue of a testator's personal property, passes all the real or personal property, as the case may be, which the testator was entitled to devise or bequeath at the time of death, not otherwise effectuall…

Remainder. The death of a devisee or legatee of a limited interest before the testator's death does not defeat the interest of persons in remainder who survive the testator. SOURCE: Probate Code of Guam (1970), § 140.

A conditional disposition is one which depends upon the occurrence of some uncertain event, by which it is either to take effect or be defeated. SOURCE: Probate Code of Guam (1970), § 141.

A condition precedent in a will is one which is required to be fulfilled before a particular disposition takes effect. It is to be deemed performed when the testator's intention has been substantially, though not COL120106 literally, complied with. Nothing vests until such condit…

A condition subsequent is a condition under which an estate or interest is so given as to vest immediately, subject only to be divested by some subsequent act or event. A testamentary disposition, when vested, can not be divested unless upon the occurrence of the precise continge…

In case of a bequest of the interest or income of a certain sum or fund, the income accrues from the testator's death. SOURCE: Probate Code of Guam (1970), § 160.

Legacies are distinguished, defined and designated, according to their nature, as follows: (a) Specific: A legacy of a particular thing, specified and distinguished from all others of the same kind belonging to the testator, is specific; if such legacy fails, resort can not be ha…

Annuities; Unpaid Accumulations to Bear Interest. General pecuniary legacies, including general pecuniary legacies in trust, if not paid prior to the first anniversary of the testator's death, bear annual interest thereafter at the rate prescribed by law for interest on civil jud…

of income earned by an estate during the course of its administration. The operation of the California version of § 649 is described as follows: Until the amendment of Probate Code § 162 [which made it read similarly to § 647, supra] and the addition of Probate Code § 162.5 [whic…