1025MAY22 FM 2:27 CLERK Of COURT
IN THE SUPERIOR COURT OF GUAM
IN THE MATTER OF THE ESTATES PROBATE CASE NO. PR0191-24
of DECISION AND ORDER DENYING PETITION FOR PROBATE OF WILL PAUL GUY CHANG and JUNE LEE AND FOR LETTERS TESTAMENTARY CHANG, WITH WILLS ANNEXED
Deceased.
This matter came before the Honorable Dana A. Gutierrez upon the Petition for Probate of
Will and For Letters Testamentary With Wills Annexed ("Petition"), filed by Edward Yaw Hwa
Chang ("Petitioner''). The Court held Petition hearings in this matter on December 18, 2024 and
January 22, 2025. Present at the hearings via Zoom were Petitioner and his counsel, Attorney Leah
D. Aguon. Because the Wills at issue are lost and Petitioner has failed to meet the requirements to
prove a lost will under 15 GCA § 1525, the Court hereby DENIES the Petition.
BACKGROUND
Paul Guy Chang and June Lee Chang (collectively, "Decedents") died on June 3, 2024,
and July 16, 2023, respectively. Petition, Exhibit A and B (Nov. 4, 2024). On November 4, 2024,
Petitioner filed his Petition. Petitioner prays that (1) the Estates of Decedents ("the Estate") be
admitted into probate; (2) Decedents' Last Wills and Testaments be admitted to probate; (3) Letters DECISION AND ORDER DENYING PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION PR0/91-24; In the Matter ofthe Estate ofPaul Guy Chang and June Lee Chang
Testamentary be issued to Petitioner and (4) that no security for the faithful perfonnance be
required. Id. at 3.
Petitioner stated that his father, Paul Guy Chang, told Petitioner that he had a Will when
he was still alive. Ptr. 's Deel. at 1. Petitioner claims that he "has exercised all efforts to locate the
original versions of the wills of Paul Guy Chang and June Lee Chang, in their files and safety
deposit box. However, only a copy of each will was discovered." Petition at 2. Petitioner stated
that "[a]fter thoroughly searching all the files, [he] did not find the original wills or any other
copies of the wills." Ptr.'s Deel. at 2. Petitioner attached alleged copies of the Decedents' Last
Wills and Testament to the Petition. See Petition, Exhibit C and D.
The Court held a Petition hearing on December 18, 2024. 1 Notice of the hearing was posted
at three locations in Yona, including (1) the Yona Mayor's Office, (2) Buenas Market, and (3)
Mijin Market, on December 3, 2024, fifteen (15) days before the hearing. See Deel. of Posting
(Dec. 5, 2024). Notice of the hearing was also published in three consecutive issues of the Guam
Daily Post on December 8, 9, and 10, 2024, not more than 10 days before the hearing. See Deel.
of Publication (Dec. 16, 2024). The sole heir, Petitioner, was served with the Notice of Hearing by
registered mail restricted delivery on December 11, 2024. See Affidavit of Service (Dec. 16, 2024).
No one appeared to contest the Petition.
On January 15, 2025, Petitioner filed Petitioner's Supplemental Brief Re: 15 GCA § 1525
As Requested By The Honorable Judge Dana A. Gutierrez ("Supplemental Brief') and Declaration
1 Petitioner also noted that he became aware that his name was misspelled in both of his parents' Wills at
the December 18, 2024 Petition hearing. Petitioner alleges that his name was inadvertently stated as "Edward Yao Hwa Chang." On January 15, 2025, a Notice of Errata to Petitioner's Name was filed correcting Petitioner's name on all pleadings filed previously as "Edward Yaw Hwa Chang."
2 DECISION AND ORDER DENYING PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION PR0l91-24; In the Matter ofthe Estate ofPaul Guy Chang and June Lee Chang
of Petitioner in Support of Supplemental Brief("Petitioner's Declaration"). He stated that he is the
only child and sole heir of the Decedents and that he conducted a "due search and inquiry for the
Last Wills and Testaments" of the Decedents. Petr. 's Deel. at 2. He further stated that he does not
"recognize any of the ascribing witnesses' names or addresses" and does not know how to contact
them.Id.
On January 22, 2025, the Court held a continued Petition hearing and took the matter under
advisement. Min. Entry at I 0:03 a.m. (Jan. 22, 2025).
DISCUSSION
The Superior Court of Guam may probate a decedent's lost will. 15 GCA § 1503. To prove
a lost will, 15 GCA § 1525(a)(I) requires a petitioner prove the will "to have been in physical
existence at the time of the testator's death." Further, a lost will's provisions must be "clearly and
distinctly proved by the sworn testimony of at least two credible witnesses in open court." 15 GCA
§ 1525(b). Finally, in order to admit a lost will, 11 [t]he testimony of each witness shall be reduced
to writing, signed by such witness, and filed in the permanent records of the Superior Court of
Guam." 15 GCA § 1529.
Petitioner argues that 15 GCA § 1525 is ''inapplicable to the instant case" where "a true
and correct copy of each of the decedents' valid wills exists, [and] ... carries the same force and
effect as the original will." Suppl. Br. at 7. Rather, Petitioner argues that 15 GCA § 1519(c) applies
because the Petition is uncontested. Id. at 4. Title 15 GCA § 1519(c) permits the probate of a
witnessed will in uncontested proceedings without testimony from subscribing witnesses if due
notice was given, reasonable efforts to locate witnesses were made, and the will appears valid on
3 DECISION AND ORDER DENYING PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION PR0191-24; In the Matter ofthe Estate ofPaul Guy Chang and June Lee Chang
its face with proof of the testator's handwriting and either a subscribing witness's handwriting or
an attestation showing proper execution. See 15 GCA § 1519(c).
Petitioner argues that because he has met the requirements of 15 GCA § 1519, the Court
should admit the Decedent's purported Will to probate. Suppl. Br. at 4. However, the Petitioner's
reliance on § 1519 is misplaced. Section 1519 governs the proof required of a witnessed will in
uncontested probate proceedings once the original will is produced to the court. In this matter,
Petitioner has infonned the Court that the original Wills cannot be found. Petition at 1.
As the original Wills cannot be found, the present matter involves lost wills. See 15 GCA
§ 1525. Therefore, Petitioner must prove the Wills under§ 1525. 15 GCA § 1525(a)(l) requires a
petitioner prove the will "to have been in physical existence at the time of the testator's death."
Further, a lost will's provisions must be "clearly and distinctly proved by the sworn testimony of
at least two credible witnesses in open court.'' 15 GCA § 1525(b).
As to the first requirement, Petitioner has not established that the Wills were in physical
existence at the time of the Decedents' deaths as required by 15 GCA § 1525(a)( l ). The burden to
prove the existence of the will is upon the proponents of the will. In re Estate ofLeSure, 68 P.2d
313,315 (Cal. Dist. Ct. App. 1937).2
2 Titis rule was derived from California Probate Code § 350. 15 GCA § 1525, SOURCE. Therefore, California's interpretation of Probate Code§ 350 is persuasive in this Court's interpretation of 15 GCA § 1525.
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1025MAY22 FM 2:27 CLERK Of COURT
IN THE SUPERIOR COURT OF GUAM
IN THE MATTER OF THE ESTATES PROBATE CASE NO. PR0191-24
of DECISION AND ORDER DENYING PETITION FOR PROBATE OF WILL PAUL GUY CHANG and JUNE LEE AND FOR LETTERS TESTAMENTARY CHANG, WITH WILLS ANNEXED
Deceased.
This matter came before the Honorable Dana A. Gutierrez upon the Petition for Probate of
Will and For Letters Testamentary With Wills Annexed ("Petition"), filed by Edward Yaw Hwa
Chang ("Petitioner''). The Court held Petition hearings in this matter on December 18, 2024 and
January 22, 2025. Present at the hearings via Zoom were Petitioner and his counsel, Attorney Leah
D. Aguon. Because the Wills at issue are lost and Petitioner has failed to meet the requirements to
prove a lost will under 15 GCA § 1525, the Court hereby DENIES the Petition.
BACKGROUND
Paul Guy Chang and June Lee Chang (collectively, "Decedents") died on June 3, 2024,
and July 16, 2023, respectively. Petition, Exhibit A and B (Nov. 4, 2024). On November 4, 2024,
Petitioner filed his Petition. Petitioner prays that (1) the Estates of Decedents ("the Estate") be
admitted into probate; (2) Decedents' Last Wills and Testaments be admitted to probate; (3) Letters DECISION AND ORDER DENYING PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION PR0/91-24; In the Matter ofthe Estate ofPaul Guy Chang and June Lee Chang
Testamentary be issued to Petitioner and (4) that no security for the faithful perfonnance be
required. Id. at 3.
Petitioner stated that his father, Paul Guy Chang, told Petitioner that he had a Will when
he was still alive. Ptr. 's Deel. at 1. Petitioner claims that he "has exercised all efforts to locate the
original versions of the wills of Paul Guy Chang and June Lee Chang, in their files and safety
deposit box. However, only a copy of each will was discovered." Petition at 2. Petitioner stated
that "[a]fter thoroughly searching all the files, [he] did not find the original wills or any other
copies of the wills." Ptr.'s Deel. at 2. Petitioner attached alleged copies of the Decedents' Last
Wills and Testament to the Petition. See Petition, Exhibit C and D.
The Court held a Petition hearing on December 18, 2024. 1 Notice of the hearing was posted
at three locations in Yona, including (1) the Yona Mayor's Office, (2) Buenas Market, and (3)
Mijin Market, on December 3, 2024, fifteen (15) days before the hearing. See Deel. of Posting
(Dec. 5, 2024). Notice of the hearing was also published in three consecutive issues of the Guam
Daily Post on December 8, 9, and 10, 2024, not more than 10 days before the hearing. See Deel.
of Publication (Dec. 16, 2024). The sole heir, Petitioner, was served with the Notice of Hearing by
registered mail restricted delivery on December 11, 2024. See Affidavit of Service (Dec. 16, 2024).
No one appeared to contest the Petition.
On January 15, 2025, Petitioner filed Petitioner's Supplemental Brief Re: 15 GCA § 1525
As Requested By The Honorable Judge Dana A. Gutierrez ("Supplemental Brief') and Declaration
1 Petitioner also noted that he became aware that his name was misspelled in both of his parents' Wills at
the December 18, 2024 Petition hearing. Petitioner alleges that his name was inadvertently stated as "Edward Yao Hwa Chang." On January 15, 2025, a Notice of Errata to Petitioner's Name was filed correcting Petitioner's name on all pleadings filed previously as "Edward Yaw Hwa Chang."
2 DECISION AND ORDER DENYING PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION PR0l91-24; In the Matter ofthe Estate ofPaul Guy Chang and June Lee Chang
of Petitioner in Support of Supplemental Brief("Petitioner's Declaration"). He stated that he is the
only child and sole heir of the Decedents and that he conducted a "due search and inquiry for the
Last Wills and Testaments" of the Decedents. Petr. 's Deel. at 2. He further stated that he does not
"recognize any of the ascribing witnesses' names or addresses" and does not know how to contact
them.Id.
On January 22, 2025, the Court held a continued Petition hearing and took the matter under
advisement. Min. Entry at I 0:03 a.m. (Jan. 22, 2025).
DISCUSSION
The Superior Court of Guam may probate a decedent's lost will. 15 GCA § 1503. To prove
a lost will, 15 GCA § 1525(a)(I) requires a petitioner prove the will "to have been in physical
existence at the time of the testator's death." Further, a lost will's provisions must be "clearly and
distinctly proved by the sworn testimony of at least two credible witnesses in open court." 15 GCA
§ 1525(b). Finally, in order to admit a lost will, 11 [t]he testimony of each witness shall be reduced
to writing, signed by such witness, and filed in the permanent records of the Superior Court of
Guam." 15 GCA § 1529.
Petitioner argues that 15 GCA § 1525 is ''inapplicable to the instant case" where "a true
and correct copy of each of the decedents' valid wills exists, [and] ... carries the same force and
effect as the original will." Suppl. Br. at 7. Rather, Petitioner argues that 15 GCA § 1519(c) applies
because the Petition is uncontested. Id. at 4. Title 15 GCA § 1519(c) permits the probate of a
witnessed will in uncontested proceedings without testimony from subscribing witnesses if due
notice was given, reasonable efforts to locate witnesses were made, and the will appears valid on
3 DECISION AND ORDER DENYING PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION PR0191-24; In the Matter ofthe Estate ofPaul Guy Chang and June Lee Chang
its face with proof of the testator's handwriting and either a subscribing witness's handwriting or
an attestation showing proper execution. See 15 GCA § 1519(c).
Petitioner argues that because he has met the requirements of 15 GCA § 1519, the Court
should admit the Decedent's purported Will to probate. Suppl. Br. at 4. However, the Petitioner's
reliance on § 1519 is misplaced. Section 1519 governs the proof required of a witnessed will in
uncontested probate proceedings once the original will is produced to the court. In this matter,
Petitioner has infonned the Court that the original Wills cannot be found. Petition at 1.
As the original Wills cannot be found, the present matter involves lost wills. See 15 GCA
§ 1525. Therefore, Petitioner must prove the Wills under§ 1525. 15 GCA § 1525(a)(l) requires a
petitioner prove the will "to have been in physical existence at the time of the testator's death."
Further, a lost will's provisions must be "clearly and distinctly proved by the sworn testimony of
at least two credible witnesses in open court.'' 15 GCA § 1525(b).
As to the first requirement, Petitioner has not established that the Wills were in physical
existence at the time of the Decedents' deaths as required by 15 GCA § 1525(a)( l ). The burden to
prove the existence of the will is upon the proponents of the will. In re Estate ofLeSure, 68 P.2d
313,315 (Cal. Dist. Ct. App. 1937).2
2 Titis rule was derived from California Probate Code § 350. 15 GCA § 1525, SOURCE. Therefore, California's interpretation of Probate Code§ 350 is persuasive in this Court's interpretation of 15 GCA § 1525. "Generally, when a legislature adopts a statute which is identical or similar to one in effect in another jurisdiction, it is presumed that the adopting jurisdiction applies the construction placed on the statute by the originating jurisdiction." Sumitomo Constr. Co. v. Zhong Ye, Inc., 1997 Guam 8 ,i 7. For instance, in M Electric Corporation v. Phil-Gets (Guam) Intl. Trading Corp. dba J&B Modern Tech et. al., 2016 Guam 35 ,i 40, the Supreme Court of Guam held federal interpretation of Federal Rules of Civil Procedure Rule 15 was persuasive when interpreting Guam Rules of Civil Procedure Rule 15 because the federal rule was the source of Guam's statute, and the two statutes have similar language.
4 DECISION AND ORDER DENYING PETITION FOR PROBATE OF WILL AND FOR LETTERS OF AD~fiNISTRA TION PR0191-24; In the Matter ofthe Estate of Paul Guy Chang and June Lee Chang
Although the Petitioner stated in his Declaration that his father told him he had a Will when
he was alive, the Petitioner did not state that either his father's or his mother's Will was in existence
at the time of their deaths. Petitioner also never testified to it in open court or otherwise alleged it.
Although he located copies of the Decedents' Wills, this also does not reflect that the Wills were
in physical existence at the time of the Decedents' deaths. Therefore, Petitioner did not meet the
requirements of 15 GCA § 1525(a).
As to the second requirement, Petitioner also failed to prove the provisions of the Wills by
two credible witnesses in open court. Petitioner stated that he was unable to recognize or contact
any of the subscribing witnesses. Petr. 's Deel. at 2. There was also no testimony in open court
from any witnesses concerning the provisions of the Wills. Therefore, Petitioner does not meet the
requirements ofl5 GCA § 1525(b).
CONCLUSION
For the foregoing reasons, the Court DENIES the Petition. A status hearing in this matter
shall be held on Wednesday, June 18, 2025 at 9:30 a.m.
so ORDERED: -~M_A_Y_2_2_2_02_5_
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SERVICE VIA EMAIL Iacknowledge that an electronic copy ol the orig.nal was e-mailed to:
~i?(l.JOIJl UJ,/,1 f1Rfh MAY Date:_Time: 22 1925 t{, l/(, fYn
o : ! : , Su~t&:01 Guam