Practice question
A will is declared void for defective execution. After estate debts are settled, an intestate heir freely pays the stated legacy from the heir’s distributive share. The heir then demands its return solely because the will was void. Which is correct under Article 1430?
- Formal invalidity makes every voluntary payment recoverable
- The heir may revoke at any time
- Only notarization matters
- The payment is effective and irrevocable on the stipulated facts
- The beneficiary becomes executor automatically
Legal references
- Civil Code, Articles 1209-1210,1223-1230,1238-1243,1266-1268 and1423-1430: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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