Whenever a decedent has made provision by a valid will for his surviving spouse and such surviving spouse also has a right under Section 1103 of this Title to take property of such decedent against the will, such surviving spouse shall be required to elect whether to take under the will or to take against the will unless it appears by the will that the testator intended that such surviving spouse might take both under the will and against it.

SOURCE: California Probate Code, § 201.7.

COMMENT: Section 1105 is new to Guam. An identical provision was added to California law in 1957, at the same time that California added § 201.5 to its Probate Code. (equivalent to § 1101, supra.) No decisional law was reported concerning California § 201.7 as of the end of 1979; however, its purpose and effect seem clear from its face. Under the California (and Guam) law concerning succession to community property, the surviving spouse may be put to an election if the deceased
spouse leaves a will: whether to take under the will, or to take the Aforced share@
that arises under the succession statutes. Section 1105 makes it clear that the same election may be made as to quasi- community property; this merely makes both species of property subject to equivalent treatment.

§ 1107. Restoration to Decedent‘s Estate of Property in Which
Surviving Spouse Had Expectancy.

Whenever any married person dies domiciled in Guam who has made a transfer to a person other than his surviving spouse, without receiving in exchange a consideration of substantial value, of property in which such surviving spouse had an expectancy under Section 1101 of this Title at the time of such transfer, such surviving spouse may require
the transferee to restore to such decedent’s estate one-half (2) of such
property, its value, or its proceeds, if such decedent had a substantial
quantum of ownership or control of such property at death. If such dece- dent has provided for such surviving spouse by will, however, such surviving spouse cannot require such restoration unless such surviving spouse has made an irrevocable election to take against the will under Section 1103 of this Title rather than to take under the will. All property restored to such decedent’s estate under the provisions of this Section shall go to his surviving spouse pursuant to Section 1101 of this Title as though such transfer had not been made.

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 11 DISPOSITION OF “”QUASI-COMMUNITY”” PROPERTY

SOURCE: California Probate Code, § 201.8.

COMMENT: Section 1107 is new to Guam. An identical provision was added to California law in 1957, at the same time that California added § 201.5 (equivalent to § 1101, supra.) The purpose of the Section is to prevent a married person from
disposing of Aquasi-community@ property before death, thereby depriving the
surviving spouse of such property.

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