Title 15, Estates and Probate

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…

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…

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.

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.

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

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,…

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…

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…

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, …

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…

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.

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: …

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…

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…

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…

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…

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…

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…

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…

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.

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…

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…

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…

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

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…

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…

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…

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…

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…

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 …

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 …

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…

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.

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 …

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

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…

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.

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…

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.

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…

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. …

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…

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…

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…