Testate Estate of the Late Adriana Maloto v. Court of Appeals

Summary

This Supreme Court case involved a dispute over the probate of Adriana Maloto's 1940 will, discovered in 1967 after her heirs had already settled her estate intestate. The Court of Appeals had affirmed the trial court's finding that the will was revoked when the testatrix allegedly instructed her maid to burn it. However, the Supreme Court reversed this decision, ruling that the strict requirements for valid revocation under Article 830 of the Civil Code were not met. The Court emphasized that while intention to revoke (animus revocandi) might exist, the physical act of destruction must be done under the testator's express direction and in their presence. The evidence was insufficient to prove these requirements, and witness testimony was inconclusive and based on hearsay. The decision allowed the probate of Adriana Maloto's will, protecting testamentary succession principles against dubious revocation claims.