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Terms Used In 15 Guam Code Ann. § 3431

  • Probate: Proving a will
e official forms contained in Appendix AA@ to this Title may be used in any proceeding in which they are applicable, and when so used shall be accepted as adequate by the Superior Court of Guam, provided that all information required by law shall have been properly entered thereon and that the said forms shall have been properly executed as required by law. The Judicial Council of Guam may in its discretion alter
the official forms contained in Appendix AA@ to this Title, delete
therefrom one or more of the said forms, or add thereto additional official
forms. Any such alteration, deletion or addition shall become operative upon proper promulgation by the Judicial Council of Guam and compilation and printing by the Office of the Compiler of Laws; provided, that any such alteration, deletion or addition which purports to affect substantive rights under the law shall be void.

SOURCE: Guam Law Revision Commission.

COMMENT: The Commission is of the opinion that some official forms are useful and necessary for the smooth operation of the Superior Court of Guam in its handling of probate cases; moreover, the Commission believes that the inclusion of such official forms in this Title will be of assistance to personal representatives and their attorneys in their own handling of the estates they represent. It should be
noted, however, that the use of the official forms contained in Appendix AA@ is not
required; if the forms are used (assuming that all required information is included and that the forms are properly executed,) the court is required to accept them as the minimal forms which may be filed in the proceedings to which they respectively apply, but nothing contained in § 3431 is intended to bar personal representatives or their attorneys, or other persons filing papers in probate proceedings, from using other forms if they so desire.

The Commission also believes that changing circumstances may mitigate toward the alteration or deletion of the official forms, or the addition of new ones; the power to alter, delete or add forms has thus been granted to the Judicial Council, with the further provision that such alterations, deletions or additions become effective only after proper promulgation by the Council and compilation and printing by the Office of the Compiler of Laws. The last clause of § 3431 is intended to indicate that only procedural alterations, deletions or additions in or to the official forms are to be valid; that is, it is not the Commission’s intention to grant power to the Judicial Council to affect people’s substantive rights under the law.

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15 Guam Code Ann. ESTATES AND PROBATE
CH. 34 NOTICES, ORDERS, PROCEDURE, APPEALS, FORMS