Short answer. No. Article 1430 of the Civil Code says that when an intestate heir voluntarily pays a legacy from a formally defective will — after settling the estate's debts — the payment is effective and irrevocable. The heir cannot reclaim it on the ground that the will was void for form.
What the law says
When a will is declared void because it has not been executed in accordance with the formalities required by law, but one of the intestate heirs, after the settlement of the debts of the deceased, pays a legacy in compliance with a clause in the defective will, the payment is effective and irrevocable.
Civil Code, Article 1430 — Paying a Legacy Under a Formally Defective Will. Read the full provision →
A voluntary payment cannot be undone
When a will is formally defective — missing a required witness, not properly notarised, or lacking some other formality — it cannot be probated as a valid testamentary document. But what happens when an heir, knowing the will is void for form, decides to honour it anyway and pays out a legacy? Article 1430 of the Civil Code answers clearly: that payment is effective and irrevocable. The heir cannot later change their mind and demand the money back, citing the will's invalidity. The voluntary nature of the payment is what makes it stand.
The conditions that must be present
Article 1430 does not apply to every payment. Three elements must be present. First, the heir who pays must be an intestate heir — someone who inherits under the rules of intestate succession because the will itself cannot take effect. Second, the payment must come after the debts of the deceased have been settled — creditors are satisfied first, and only the remaining assets are distributed. Third, the payment must be made in compliance with a clause in the defective will — the heir is choosing to carry out what the deceased wanted, even though no court can compel it.
Why the law treats this payment as final
The underlying principle is one of voluntary obligation. No one forced the heir to pay. By choosing to honour the deceased's wishes even in the absence of a legally binding will, the heir made a deliberate decision that mirrors a gift or a moral obligation fulfilled. Allowing recovery would let the heir benefit twice — once from the increased intestate share the void will could not reduce, and again from recovering a payment they voluntarily made. The law prevents this by treating the payment as a completed, irrevocable act.
What this means if you are the one who paid
If you paid a legacy under a will that was later declared void for formal defects, you cannot now reclaim that payment through the courts on the ground of the will's invalidity. The recipient received it validly and may keep it. If you believe the payment was made under a different kind of mistake — not about the will's formal defects, but about facts that would otherwise invalidate the payment — that is a separate legal question that a lawyer can assess based on your specific circumstances.