A testamentary disposition is made upon the valid making of the will in which such testamentary disposition is included, as provided in Chapter 2 of this Title. Testamentary dispositions, including devises and bequests to a person on attaining majority, are presumed to vest at the testator‘s death.

SOURCE: First sentence: Guam Law Revision Commission. Second sentence: Probate Code of Guam (1970), § 28.

COMMENT: Section 28 of the Probate Code of Guam (1970) consisted only of the second sentence of § 117. The Commission has added the first sentence to dispel possible confusion over the definition of Atestamentary disposition. ‘Such confusion might, for example, have arisen in the context of § 407, infra: If the time of making a testamentary disposition were not defined, as it is in the first sentence of § 117, then it might be argued that for purposes of § 407, no testamentary disposition would be Amade’ until it vested -. i.e., upon the testator’s death, as set forth in the second sentence of § 117. Under this interpretation § 407 would be rendered meaningless, because if it be assumed that a testamentary disposition is Amade’ only when it vests then it would of course be impossible for the testator subsequently to execute an instrument which would alter his interest in the property which was the subject of the testamentary disposition.