Chapter 2

COL12010615GCA ESTATES AND PROBATE CH.2EXECUTION OF WILLS 1CHAPTER 2 EXECUTION OF WILLS § 201. Formalities Required for W itnessed Wills. § 203. When Devises, Bequests and Legacies to Subscribing Witnesses areValid; When They are Void. § 205. Competency of Creditors to Be W itnesses to Wills. § 207. Requir ements for Holographic Wills; Matters Which May Be Disregarded; Holographic Changes to Holographic Wills. § 209. Wills May Be in Any Language. § 201. Formalities Required for Witnessed Wills. Every will must be in writing and every will, other than a holographi c will, must be executed and attested as follows: (a) It must be subscribed at the end thereof by the testator himself, or it must be subscribed by some person in the testator's presence and by the testator's direction. A person who subscribes the testato r's name, by the testator's direction, should write his own name as a wit ness to the will, but a failure to do so will not affect the validity of the will. (b) The subscription must be made, or the testator must acknowledge it to have been made by the tes tator or by the testator's authority , in the presence of both of the attesting witnesses, present at the same time.

ion must be made, or the testator must acknowledge it to have been made by the tes tator or by the testator's authority , in the presence of both of the attesting witnesses, present at the same time. (c) The testator, at the time of subscribing or acknowl edging the instrument, must declare to the attesting witnesses that it is his will. (d) Ther e must be at least two (2) attesting witnesses, each of whom must sign the instru ment as a witness, at the end of the will, at the testator's request and in the testator's presence. The witnesses should give their places of resi dence, but a failu retodo so will not affect the validity of the will. SOURCE : Probate Code of Guam (1970), § 50. OFFICIAL FORM:See Official Form No. 1, Appendix 'A'. § 203. When Devises, Bequests and Legacies to Sub scribing Witnesses are V alid; When They are V oid.COL12010615GCA ESTATES AND PROBATE CH.2EXECUTION OF WILLS 2All beneficial devises, bequests and legacies to a subscribing witness are void unless there are two (2) other and disinter ested sub - scribing witnesses to the will, except that if any such interested witness would be entitled to any share of the estate of the testator in case the will

ere are two (2) other and disinter ested sub - scribing witnesses to the will, except that if any such interested witness would be entitled to any share of the estate of the testator in case the will were not estab lished, such interested wit ness shall take such proportion of the devise or bequest made to him in the will as does not exceed the share of the estate which would be distributed to him if the will were not establi shed. SOURCE : Probate Code of Guam (1970), § 51. § 205. Competency of Creditors to Be Witness es to Wills. A mere charge on the estate of the testator for the payment of debts does not prevent the testator's creditors from being competent witnesses to the testator's will. SOURCE : Probate Code of Guam (1970), § 52. § 207. Requirements for Holographic Wills; Matters Which May Be Disregarded; Holographic Changes to Holographic Wills. (a) A holographic will is one that is written, dated and signed by the hand of the testator himself. No formali ties are necessary for its making or execution except as set forth in this subsection, and it need not be witnessed. (b) The following may be disregarded by the Superior Court of Guam if immaterial to the sense and effe

or its making or execution except as set forth in this subsection, and it need not be witnessed. (b) The following may be disregarded by the Superior Court of Guam if immaterial to the sense and effe ctiveness of a holographic will which otherwise complies with the require ments of subsection (a) of this Section: (1) Any matter printed, stamped, or otherwise me chanically or electronically placed upon the docu ment by any person prior to its execution; (2) Any matter written upon the document by any person other than the testator prior to its execution; and (3) Any matter added to the document by any person other than the testator after its execution. (c) A testator who makes and executes a holograph ic will ma y thereafter ma ke holographic changes on, or holographic codicils to, such will without the necessity of signing or dating such will at the time such COL12010615GCA ESTATES AND PROBATE CH.2EXECUTION OF WILLS 3changes or codicils are made; provided, that sufficient evidence, wheth er intrinsic or extrinsi c to such will, exists to show that the testator intended such changes or codicils to be a part of his will. SOURCE : Guam Law Revision Commission.

sufficient evidence, wheth er intrinsic or extrinsi c to such will, exists to show that the testator intended such changes or codicils to be a part of his will. SOURCE : Guam Law Revision Commission. COMMENT : The Commission has drafted § 207 along general lines suggested by Professor Lowell Turrentine in hi s 'Introduc tion to the California Probate Code,' which appears in W est's Annotated Califor nia Code --Probate Code, §§ 1 to 399, at page 1 et seq. In this lengthy and excellent intro duction, Professor T urrentine makes a number of sugges tions for the im provement of various specific sections of the Califor nia Probate Code, including its provisions concern ing holographic wills. See p. 37, where Professor Turrentine states: Probate Code § 53 should be amended to provide that in holographic wills, matter o f a non -holographic nature, even though found in the body of the will, may be disregarded if immaterial to the sense and effectiveness of the will, or if added after execution by someone other than the testator with or without the testator's authority . * * * The amendment might go on to provide that holo graphic changes on, or holographic codicils to, a holo graphic

ution by someone other than the testator with or without the testator's authority . * * * The amendment might go on to provide that holo graphic changes on, or holographic codicils to, a holo graphic will may be made by the testator after execution of the will without re -signing and re -dating, provid ed there is sufficient intrinsic or ext rinsic evidence of the testator's intent that such changes or codicils be a part of his will. Section 207 incorporates into one Section all of the amendments suggested by Professor Turrentine. Its most obvious effect is to liberalize consider ablythe law concerning the validity of holographic wills, particular lyin its allowing the court to consider --and either accept or disregard --materials in the body of a holographic will which are not necessarily in the testator's own handwriting. More over, subsec tion (c) --which allows the maker of a holographic will to add holo graphic changes or codicils thereto --is completely new , and serves to liberalize the law concerning holo graphic wills even further . § 209. Wills May Be in Any Language. A will may be w ritten and executed in any language. SOURCE : Probate Code of Guam (1970), § 56.

o liberalize the law concerning holo graphic wills even further . § 209. Wills May Be in Any Language. A will may be w ritten and executed in any language. SOURCE : Probate Code of Guam (1970), § 56. ----------