Title 15, Estates and Probate
51 chapters · 642 sections in this title.
15 GCA § 701 Authority; Amendability or Revocability of Trust; Manner of
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Holding, Administering and Disposing of Property Devised or Bequeathed; Lapse. A devise or bequest, the validity of which is determinable by the law of Guam, may be made by a will to the trustee of a trust established or to be established by the testator or by the testator and so…
15 GCA § 703 Effect on Prior Wills
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This Article shall not invalidate any devise or bequest made by a will executed prior to the effective date of this Article. SOURCE: California Probate Code, § 171; Uniform Testamentary Additions to Trusts Act.
15 GCA § 705 Uniform Construction
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This Article shall be so construed as to effectuate its general purpose to make uniform the law of those States and United States territories which enact it. COL10312014 SOURCE: California Probate Code, § 172; Uniform Testamentary Additions to Trusts Act.
15 GCA § 707 Short Title
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This Article may be cited as the Guam Uniform Testamentary Addi- tions to Trusts Act. SOURCE: California Probate Code, § 173; Uniform Testamentary Additions to Trusts Act. ---------- ARTICLE 2 LIFE INSURANCE AND OTHER TRUSTS
15 GCA § 709 Designation of Trustee as Primary or Contingent Beneficiary,
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Payee or Owner Under Insurance, Annuity or Endowment, Contract, etc. An insurance, annuity, or endowment contract (including any agreement issued or entered into by the insurer in connection therewith, supplemental thereto or in settlement thereof), a pension, retirement benefit,…
15 GCA § 711 Necessity of Provisions in Will Creating Trust or Making
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Valid Disposition Under Section 701. The designation referred to in Section 709 of this Title shall be ineffective unless the designator's will contains provisions creating the trust or makes a disposition valid under the provisions of Section 701 of this Title. SOURCE: Californi…
15 GCA § 713 Payability or Transferability of Benefits or Rights Directly to
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Trustee. Subject to the provisions of Section 717 of this Title, the benefits or rights resulting from the designation referred to in Section 709 of this Title shall be payable or transferable directly to the trustee, without becoming subject to administration, upon or at any tim…
15 GCA § 715 Liability of Rights and Benefits to Debts of Designator
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COL10312014 Except as otherwise provided in the designator's will, the rights and benefits and their proceeds transferred to the trustee shall not be subject to the debts of the designator to any greater extent than if they were paid or transferred to a named beneficiary, payee, …
15 GCA § 717 Jurisdiction of Court Before or After Payment or Transfer of
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Benefits. The Superior Court of Guam shall have jurisdiction, before or after payment or transfer of benefits and rights or their proceeds to the trustee, to: (a) Determine the validity of the trust. (b) Determine the terms of such trust. (c) Fill vacancies in the office of trust…
15 GCA § 719 Applicability of Article 1 of Chapter 33 to Trust
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As to matters not specifically provided in Section 717 of this Title, the provisions of Article 1 of Chapter 33 of this Title shall apply to the trust. SOURCE: California Probate Code, § 180.
15 GCA § 721 Appeal from Order
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An appeal may be taken from any order described in Section 3433 of this Title made pursuant to the provisions of this Article, and, in addition, from an order making or refusing to make a determination specified in subsection (a), (b) or (h) of Section 717 of this Title. SOURCE: …
15 GCA § 723 Absence of Qualified Trustee to Claim Rights or Benefits;
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Payment to Personal Representative; Discharge of Obligor from Liability. If no qualified trustee makes claim to the benefits or rights or proceeds within one (1) year after the death of the designator, or if satisfactory evidence is furnished within such one-year period showing t…
15 GCA § 725 Effect of Article on Trusts Not Made Pursuant to Article
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COL10312014 Enactment of this Article shall not invalidate trusts, otherwise valid, not made pursuant to the provisions of this Article. SOURCE: California Probate Code, § 184. COMMENT: § 184 of the California Probate Code contains a second clause concerning the effect of Article…
15 GCA § 727 Authorization; Securities, Money, Life or Endowment Policies
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and Annuity Contracts. A testator may bequeath securities, money, life or endowment policies, and annuity contracts, as such terms are defined or used in the Guam Uniform Gifts to Minors Act (Article IV (commencing with COL10312014 Section 1154) of Chapter III of Title IV of Part…
15 GCA § 729 Bequest to Custodian; Applicability of Uniform Gifts to
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Minors Act. If a testator provides in his will that a bequest shall be paid or delivered to a custodian subject to the Guam Uniform Gifts to Minors Act, then, all of the provisions of that Act including, but not limited to, the provisions of such Act as to definitions and the res…
15 GCA § 731 Designation of Adult Person or Trust Company as Custodian;
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Form. The bequest shall be to a designated adult person or trust company qualified to act as a fiduciary under the law of the territory of Guam with the words, in substance, "as custodian for (name of minor) under the Guam Uniform Gifts to Minors Act." Failure to name a qualified…
15 GCA § 733 Bequest Not in Compliance With Sections 727, 729, 731, or to
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Person Who Becomes Adult Prior to Distribution as Direct Bequest to Person Named as Minor. Unless the will clearly requires otherwise, a bequest which does not comply with the provisions of Sections 727, 729 and 731 of this Title, or a bequest to a person who becomes an adult pri…
15 GCA § 735 Distribution by Personal Representative
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COL10312014 If a testator provides for such bequest to be paid or delivered as provided in this Article, the personal representative of his estate, upon entry of an order for distribution, shall make distribution pursuant to the order of distribution by transferring the bequeathe…
15 GCA § 737 Designation by Testator; Successor or Alternate Custodians;
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Compensation of Custodian. The testator in his will may provide for successor or alternate custodians, and specify the standard of compensation of the custodian. SOURCE: California Probate Code, § 186.5.
15 GCA § 739 Appointment to Vacancy in Custodianship Prior to Full
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Distribution. If a vacancy in the custodianship exists prior to full distribution of the bequest by the personal representative, a successor custodian shall be appointed for any undistributed property in the manner provided by the Guam Uniform Gifts to Minors Act. SOURCE: Califor…
15 GCA § 741 Custodian and Beneficiary as Legatees for Purpose of
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Receiving Notices; Duty of Custodian to Participate in Probate Proceedings. Except as otherwise provided in the will or ordered by the Superior Court of Guam, each custodian designated in the will and the person for whom the property is to be held shall be deemed a legatee for th…
15 GCA § 743 Jurisdiction of Court
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COL10312014 Until distribution of the property pursuant to an order of distribution is completed, the Superior Court of Guam shall have exclusive jurisdic- tion over all proceedings and matters concerning undistributed property, including, but not limited to, the appointment, dec…
15 GCA § 745 Non-Exclusiveness of Article
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This Article shall not be construed as providing an exclusive method of making bequests to or for the benefit of minors. SOURCE: California Probate Code, § 186.9. ---------- ARTICLE 4 DISCLAIMER OF TESTAMENTARY AND OTHER INTERESTS
15 GCA § 747 Definitions
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As used in this Article, unless otherwise clearly required by the context: (a) Beneficiary means and includes any person entitled, but for his disclaimer, to take an interest (1) by intestate succession, (2) by devise, (3) by legacy or bequest, (4) by succession to a disclaimed i…
15 GCA § 749 Beneficiary; Contents of Disclaimer
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A beneficiary may disclaim any interest, in whole or in part, by filing a disclaimer as provided in this Article. The disclaimer shall (a) identify the decedent or donor, COL10312014 (b) describe the property or part thereof or interest therein disclaimed, (c) declare the disclai…
15 GCA § 751 Infant, Incompetent, or Decedent; Disclaimer by Guardian or
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Representative. A disclaimer on behalf of an infant, incompetent or decedent shall be made by the guardian of the estate of the infant, the guardian of the estate of the incompetent, or the personal representative of the decedent. SOURCE: California Probate Code, § 190.2. COMMENT…
15 GCA § 753 Effectiveness of Disclaimer; Knowledge of Disclaimant;
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Presumptions of Reasonable Time. A disclaimer to be effective shall be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest. (a) Except as otherwise provided in subsection (c) of this Section, a disclaimer shall be conclusively presu…
15 GCA § 755 Filing of Disclaimers; Place; Disclaimers Affecting Realty
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The disclaimer shall be filed as follows: (a) In case of interests created by will or arising from intestate succession, with the Superior Court of Guam, whether or not an administration is then pending. (b) In case of interests created by an inter vivos trust, with the trustee t…
15 GCA § 757 Binding Effect on Beneficiaries and Claimants; Waiver
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A disclaimer, when effective, shall be binding upon the beneficiary and all person claiming by, through or under him. A person who, under this Article, could file a disclaimer, may instead file a written waiver of a right to disclaim and such waiver, when filed, shall be binding …
15 GCA § 759 Effect of Interest Disclaimed
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Unless otherwise provided in the will, inter vivos trust, exercise of the power of appointment, or other written instrument creating or finally determining an interest, the interest disclaimed and any future interest which is to take effect in possession or enjoyment at or after …
15 GCA § 761 Restriction on Making Disclaimer; Acceptance by
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Beneficiary; Exception. A disclaimer may not be made after the beneficiary has accepted the interest to be disclaimed. An acceptance does not preclude a beneficiary from thereafter disclaiming all or part of any interest to which be became entitled because another person disclaim…
15 GCA § 763 Right to Disclaim Not Affected by Spendthrift or Other
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Restrictions. The right to disclaim shall exist irrespective of any limitation imposed on the interest of a beneficiary in the nature of an expressed or implied spendthrift provision or similar restriction. SOURCE: California Probate Code, § 190.8.
15 GCA § 765 Operative Effect of Article
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Any interest created prior to the effective date of this Article which has not been accepted, may be disclaimed on or after the effective date of this Article, in the manner provided herein; provided, however, that no interest which has arisen prior to the effective date of this …
15 GCA § 767 Savings Clause
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This Article shall not limit or abridge the presently existing rights of any person to assign, convey, release or disclaim any property or interest therein. SOURCE: California Probate Code, § 190.10. ---------- COL10312014