15 Guam Code Ann. § 201
Terms Used In 15 Guam Code Ann. § 201
- Bequest: Property gifted by will.
- Devise: To gift property by will.
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
(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 testator’s name, by the testator’s direction, should write his own name as a witness 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 testator 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 acknowledging the instrument, must declare to the attesting witnesses that it is his will.
(d) There must be at least two (2) attesting witnesses, each of whom must sign the instrument 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 residence, but a failure to do 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 Subscribing
Witnesses are Valid; When They are Void.
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15 Guam Code Ann. ESTATES AND PROBATE
CH. 2 EXECUTION OF WILLS
All beneficial devises, bequests and legacies to a subscribing witness are void unless there are two (2) other and disinterested 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 established, such interested witness 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 established.
SOURCE: Probate Code of Guam (1970), § 51.