First Slide

ARTICLE 1429. When a testate or intestate heir voluntarily pays a debt of the decedent exceeding the
value of the property which he received by will or by the law of intestacy from the estate of the
deceased, the payment is valid and cannot be rescinded by the payer.

Testate – a person died leaving a valid will

Intestate – a person died leaving without a will

Second Slide:

Payment by heir of debt exceeding value of property inherited.

The heir is not personally liable beyond the value of the property he received from the decedent. But if
he voluntarily pays the difference, the payment is valid and cannot be rescinded by him. An heir has a
moral duty to perform or pay obligations legally contracted by his dead relatives.

Third Slide:

Example:

Ana received a parcel of land worth P 3.5 M as an inheritance from her deceased father. Days after,
Marco come to Ana showing and telling her about the agreement that his deceased father had with him.
The deceased father was indebted to Marco an amount of P 3.6 M, Ana offered Marco her inheritance
as a payment for the debt of his father. Marco accepted her offer and cleared the debt.

Fourth Slide:

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.

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.

Fifth Slide:
Payment of the legacy after the will has been declared void.

If a will is disallowed for non-compliance with the formalities prescribed by law, the legacy made in the
will would also be void. The effect is the same as if the deceased had died without a will, and, therefore,
the intestate heir is not legally required to pay the legacy. If, however, he still pays the legacy, the
payment is effective and irrevocable, subject to the rights of the creditors of the deceased.

Sixth Slide

EXAMPLE:

In a will, Xian was given a legacy from a friend who was deceased. But due to lack of legal formalities,
the legacy is void making the whole estate go to the intestate heirs.