“Imperfect gifts can be perfected when donee becomes donor's executor”
The court held that the imperfect gift was perfected by Bird's appointment as executor, as the legal estate vested in him by virtue of his office.
Bird was the stepson of a testatrix who had intended to forgive a debt of £1,100 he owed her during her lifetime, but failed to complete the legal formalities required. Upon her death, Bird became her executor under her will.
Whether an imperfect gift could be perfected where the intended donee subsequently becomes the executor of the donor's estate.
The court reasoned that where a donor intends to make a gift but fails to complete it, and the donee later acquires the legal title as executor, the gift is perfected. This occurs because the executor obtains the legal estate by operation of law, not through voluntary transfer.
This case established the 'rule in Strong v Bird' - a fundamental principle in equity allowing imperfect gifts to be perfected in specific circumstances. Although the case itself concerned only the release of a debt, the rule was later extended to gifts of property in Re Stewart [1908] 2 Ch 251. It remains a cornerstone of the law relating to imperfect gifts and donatio mortis causa.
An imperfect inter vivos gift can be perfected when the intended donee becomes executor, provided the donor's intention to give continued until death.
The court held that Bird's appointment as executor perfected the imperfect gift of debt forgiveness because his stepmother's intention continued until death.
It creates an important exception to the rule that equity won't perfect imperfect gifts, preventing unconscionable results in estate administration.
OSCOLA Citation
Strong v Bird (1874) LR 18 Eq 315 (Ch)
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[2026] EWHC 426 (Ch)
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