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Terms Used In 15 Guam Code Ann. § 1527

  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probate: Proving a will
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
) When the Superior Court of Guam admits a will to probate the will shall be recorded in the permanent records of the Superior Court of Guam by the Clerk of the Superior Court of Guam, with the notation:
AAdmitted to probate (giving date);@ provided, that the provisions of
Section 1529 of this Title shall apply to lost or destroyed wills in lieu of
the foregoing provisions of this subsection.

(b) If the will is in English, the Superior Court of Guam may in its discretion certify to a correct translation thereof into Chamorro, or vice-versa, and both the original will and the translation thereof shall be recorded as provided in subsection (a) of this Section.
(c) If the will is in a foreign language, the Superior Court of Guam shall certify to a correct translation thereof into either English or Chamorro, or both, in the discretion of the Superior Court of Guam, and such certified translation or translations shall be recorded in lieu of the original.

SOURCE: Subsection (a): Probate Code of Guam (1970), § 332; Guam Law
Revision Commission. Subsections (b) and (c): Guam Law Revision Commission.

COMMENT: Under § 332 of the Probate Code of Guam (1970), the will was to be recorded A…in the minutes….@ The Commission has changed this, in subsection (a), to A…in the permanent records of the Superior Court of Guam,@ as it is not clear that the Superior Court of Guam keeps a central record known as Athe minutes.@ The
only other substantive difference between § 1527 and § 332 of the Probate Code of Guam (1970) is the inclusion of the Chamorro language. The Commission believes that this inclusion is necessary, in that both English and Chamorro are the official
languages of Guam. This being the case, Chamorro is not a Aforeign language@ such
as is referred to in subsection (c) of § 1527 and thus subsection (b) is also necessary.

§ 1529. Provisions of Order Admitting Lost or Destroyed Will: Perpetuation of Witnesses’ Testimony.

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 15 PROBATE OF WILLS

If a lost or destroyed will is established, the provisions thereof shall be set forth in the order admitting the will to probate, and the order shall be entered at length in the permanent records of the Superior Court of Guam. The testimony of each witness shall be reduced to writing, signed by such witness, and filed in the permanent records of the Superior Court of Guam, and shall be admissible in evidence in any contest of such will if the witness has died or has permanently removed from Guam.

SOURCE: Probate Code of Guam (1970), § 351; Guam Law Revision
Commission.
COMMENT: See Comment to § 1527, supra, concerning the change from Athe minutes@ to Athe permanent records of the Superior Court of Guam.@

§ 1531. No Contest Permitted as to Foreign Will if Admitted
Elsewhere.

Notwithstanding any other provision of law, if it appears from the order or decree referred to in Section 1511 of this Title, or if it be otherwise proved in cases in which there is no such order or decree, that a will has been admitted to probate in a State or another United States territory, or established or proved in accordance with the laws thereof, in a proceeding in which all interested parties were given notice and an opportunity for contest and in which the determination has become final, is not subject to revocation, and is based upon a finding that the decedent was domiciled at death in that State or United States territory, and that it was valid according to the law of Guam, no contest shall be permitted either before or after admission to probate and such will shall be admitted to probate and have the same force and effect as a will first admitted to probate in Guam, and letters testamentary or of administration with the will annexed shall be granted thereon to the petitioner.

SOURCE: California Probate Code, § 362 (as amended;) Guam Law Revision
Commission.

COMMENT: References to foreign countries have been deleted from § 362 of the California Probate Code. No such references are required in Guam in light of the provisions of § 113, supra. Also see Comment to § 1509, supra.
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