Title 15 — Estates and Probate
51 chapters · 695 sections in this title.
15 GCA § 801 Applicability of Chapter
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The provisions of this Chapter shall apply, when relevant, to succession to property of all kinds, real and personal, separate and community. SOURCE: Guam Law Revision Commission. COL10312014 COMMENT: In drafting this Title, the Commission has provided a separate Chapter for each…
15 GCA § 803 Succession Defined
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Succession is the acquisition of title to the property of one who dies without disposing of it by will. SOURCE: Probate Code of Guam (1970), § 200.
15 GCA § 805 Right of Representation Defined; When Posthumous Child is
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Considered to be Living. Inheritance or succession by right of representation takes place when the descendants of a deceased person take the same share or right in the estate of another that such deceased person would have taken as an heir if living. A posthumous child is conside…
15 GCA § 807 Establishment and Determination of Degree of Kindred
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The degree of kindred is established by the number of generations, and each generation is called a degree. SOURCE: Probate Code of Guam (1970), § 251.
15 GCA § 809 Lineal Consanguinity Defined
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Lineal consanguinity, or the direct line of consanguinity, is the relationship between persons one of whom is a descendant of the other. The direct line of consanguinity is divided into a direct line descending, which connects a person with those who descend from such person, and…
15 GCA § 811 Collateral Consanguinity Defined
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Collateral consanguinity is the relationship between people who spring from a common ancestor, but are not in a direct line. The degree is established by counting the generations from one relative up to the common ancestor and from the common ancestor down to the other relative. …
15 GCA § 813 When Half-Blood Kindred Inherit Equally; When Not
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Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the property which constitutes such inheritance came to the intestate decedent by descent, devise or gift of some one of such decedent's ancestors, in which case all those who are n…
15 GCA § 815 When Rights of Succession Are Dependent on Parent-Child
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Relationship. (a) The rights of succession by a child, as set forth in Chapters 9 and 10 of this Title, are dependent upon the existence, prior to the death of the decedent, of a parent and child relationship between such child and the decedent. (b) The rights of succession by is…
15 GCA § 817 Inheritance Rights of Adopted Children; Restriction
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An adopted child shall be deemed a descendant of one who has adopted such child, the same as a natural child, for all purposes of succession by, from or through the adopting parent the same as a natural parent. An adopted child does not succeed to the estate of such adopted child…
15 GCA § 819 Guam Slayer’s Statute
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(a) General Provisions. (1) No person convicted of the murder or manslaughter, as defined in §§ 16.30, 16.40 and 16.50 of Chapter 16, Title 9, Guam Code Annotated, of the decedent shall be entitled to succeed to any portion of such decedent's estate; but the portion thereof to wh…
15 GCA § 821 Effect of Devise Upon Bona Fide Purchaser or Encumbrancer
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of Real Property From Heir. COL10312014 The rights of a purchaser of encumbrancer of real property, in good faith and for value, derived from any person claiming the same by succession, are not impaired by any devise made by the decedent from whom succession is claimed, unless wi…
15 GCA § 851 Short Title: Rules of Construction
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(a) This Chapter may be cited as the ‘Uniform Transfer on Death Security Registration Act.’ (b) This Chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this part within Guam.
15 GCA § 852 Definitions
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For the purposes of this Chapter: (a) Beneficiary form means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security on the death of the owner. (b) Devisee means a …
15 GCA § 853 Registration in Beneficiary Form; Sole or Joint Tenancy
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Ownership. Only individuals whose registration of a security shows sole ownership by one (1) individual or multiple ownership by two (2) or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a securit…
15 GCA § 854 Registration in Beneficiary Form; Applicable Law
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A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office maki…
15 GCA § 855 Origination of Registration in Beneficiary Form
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A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
15 GCA § 856 Form of Registration in Beneficiary Form
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Registration in beneficiary form may be shown by the words ‘transfer on death’ or the abbreviation ‘TOD,’ or by the words ‘pay on death,’ or the abbreviation ‘POD,’ after the name of the registered owner and before the name of a beneficiary.
15 GCA § 857 Effect of Registration in Beneficiary Form
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The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then surviving owners without the conse…
15 GCA § 858 Ownership on Death of Owner
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On the death of a sole owner, or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary, or beneficiaries, who survive all owners. On proof of death of all owners and compliance with any applicable requirements of …
15 GCA § 859 Protection of Registering Entity
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COL10312014 (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration, in beneficiary form assents to the prot…
15 GCA § 860 Nontestamentary Transfer on Death
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(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this Chapter, and is not testamentary. (b) This Chapter does not limit the rights of credit…
15 GCA § 861 Rights of Creditor on Registration
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(a) A security registered in beneficiary form is not effective against an estate of a deceased party to transfer to a survivor sums that are otherwise needed to pay debts, taxes and expenses of administration, COL10312014 including statutory allowances to the surviving spouse and…
15 GCA § 862 Terms, Conditions and Forms for Registration
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(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests: (1) for registration in beneficiary form, and (2) for implementation of registrations in beneficiary form, including requests…
15 GCA § 863 Notice of Effect of Registration
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A registering entity shall provide to an owner requesting registration of a security in beneficiary form a written statement describing the legal effects of the registration not later than the date on which the owner registers the security. The statement shall be printed in all c…