No person convicted of the murder or voluntary manslaughter of a decedent shall be entitled to take under any will of the decedent which was executed prior to the infliction of the injury which was the cause of the decedent’s death; but the portion of the decedent’s estate to which he would otherwise be entitled under the decedent’s will goes to the other persons entitled thereto under such will or under the applicable provisions of Chapters 9, 10 and 11 of this Title: Provided, that a person convicted of the murder or voluntary manslaughter of a decedent may be entitled to take under a will of the decedent which was executed after the infliction of the injury which was the cause of the decedent’s death, if the Superior Court of Guam specifically finds that such was the decedent’s intention.

SOURCE: All before colon: Probate Code of Guam (1970), § 258; Guam Law
Revision Commission. All after colon: Guam Law Revision Commission.

COL3/1/2019 6
15 Guam Code Ann. ESTATES AND PROBATE
CH. 1 WHO MAY MAKE AND TAKE BY A WILL

COMMENT: Although the Probate Code of Guam (1970) contained a provision similar to the above in the intestacy context (see § 819, infra,) it did not contain a provision regarding testators’ killers’ inability to take under such testators’ wills. The Commission is of the opinion that such a provision is necessary in Chapter 1 of this Title, in order that the two situations be parallel. The Commission recognizes, however, that there may be decedents who desire that their killers take under their wills in spite of the infliction of an injury that ultimately leads to death; thus, the Commission has added the portion following the colon, to cover that situation.

———-

COL3/1/2019 7