(a) Except as hereinabove provided in this Chapter, no written will, nor any part thereof, can be revoked or altered otherwise than as set forth in subsections (a)(1) or (a)(2) of this Section:

(1) By a subsequent written will or other writing of the testator, executed with the same formalities required for the execution of a will, declaring such revocation or alteration, or containing provisions wholly inconsistent with the terms of the prior will. If, in the latter case, the subsequent will or other writing contains provisions not wholly inconsistent with the terms of the prior will, the prior will remains effectual so far as consistent with the provisions of the subsequent will; but the mere naming of an executor in the prior will need not be given effect by the Superior Court of Guam when the subsequent will is otherwise wholly inconsistent with the terms of the prior will, the intention of the testator in this respect being left to the determination of the Superior Court of Guam.

(2) By being burned, torn, canceled, defaced, obliterated or destroyed, with the intent and for the purpose of revoking the same, by the testator himself, or by some person in the testator’s presence and by the testator’s direction. If the act is done by any person other than the testator, the direction of the testator and the fact of such injury or destruction must be proved by two (2) witnesses.

(b) Notwithstanding the provisions of subsection (a) of this Section, a holographic will may be altered pursuant to the provisions of subsection (c) of Section 207 of this Title.

SOURCE: Subsection (a)(1): Probate Code of Guam (1970), §§ 74, 72; California Probate Code, §§ 74, 72. Subsection (a)(2): Probate Code of Guam (1970), § 74; California Probate Code, § 74. Subsection (b): Guam Law Revision Commission.

COMMENT: The Commission has subsumed §§ 72 and 74 of the Probate Code of Guam (1970) into subsection (a) of § 413, as it appears that prior § 72 does no more than amplify on the principles set forth in prior § 74(1). This being the case, it seems more logical to have all of the provisions relating to the same general

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subject-matter area in the same Section in order to facilitate finding the law, and to clarify the law in the area. In addition, the Commission has added subsection (b), to cause § 413 to comport with § 207, supra.