Article 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.
Artikulo 1430. Kung ang isang habilin ay ipinahayag na walang bisa dahilan sa hindi ito sinagawa ng tama ayon sa pormalidad na itinakda ng batas, ngunit ang isa sa mga tagapagmana, matapos bayaran ang utang ng namatay, ay pinagtuunan ng pansin ang pag-aayos ng kasulatan na siyang nagpamali sa kasulutan, ang kabayaran ay epektibo at di mababago.
If the will is void, the legacy would also be void and the deceased is considered to have died without a will. This is the reason for the existence of the Article.
Legacy is the act of disposition by the testator in separating from the inheritance for definite purposes, things, rights, or a definite portion of his property. It may be viewed also as that same portion, or those things or special rights, which the testator separates from his inheritance for a definite purpose. The purpose of a legacy is to reward friends, servants and others for services they have rendered, to give alms, etc.
EXAMPLE
In a will defective for lack of the needed legal formalities, Xian, a friend, was given a legacy. The legacy is void, and the whole estate should go to the intestate heirs. If however, the intestate heirs give Xian the legacy, they cannot get it back now, provided that the debts of the deceased have been settled.
OBLIGATIONS AND CONTRACTS 