State Act

Portuguese Civil Code, 1867

Article 1940 - Defective or torn Will - Where the Will is found open and defective or torn, the following distinction shall be made: where the Will is found cancelled and obliterated, or torn, either in the effects of the testator or in the possession of someone else in such a way that it is not possible to read the original disposition, it shall be deemed as not having been written; but where it is proved that the vitiation was done by any person, other than the testator, the provision of article 1937 which is applicable to the persons who fraudulently hide or remove the Will, shall be applied to such person.