Text of the provision
Art. 1430. 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 of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
The final article of the Natural Obligations title, immediately before Estoppel begins. A will can be declared void for want of the formalities the law requires, yet still guide what happens next: if, after the deceased's debts are settled, one of the intestate heirs voluntarily pays a legacy because the defective will directed it, that payment is effective and cannot later be taken back. It is a natural-obligation idea in application — the defective will cannot be enforced in court, but an heir who chooses to honor it anyway may not undo that choice once made.
Related provisions
- Article 1429 — Heir Paying Beyond the Inheritance.
- Article 1431 — Nature of Estoppel.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.