7th July, 2025
When it comes to estate planning, most people assume their Will is the final word. But sometimes, strange legal outcomes can arise from informal arrangements. The case of Strong v Bird offers a fascinating look into what can happen when debts and family overlap after death.
Let’s be clear: this isn’t a rule that most people can rely on. But it does highlight why proper legal advice is so important when making a Will.
A Debt Disappears: The Story of Strong v Bird
In this old English case from 1874, a man named Bird owed money to his stepmother. She had asked him to repay it but later stopped reminding him. Eventually, she passed away – and surprisingly, she named Bird as the executor of her Will.
Here’s where it gets interesting. As executor, Bird would normally have to collect debts owed to the estate. But since he was the one who owed the debt, he’d essentially have to sue himself – which obviously doesn’t make sense.
The court decided that the debt was effectively forgiven. Why? Because by naming Bird as executor, his stepmother showed she no longer expected repayment. The debt was treated as a gift, completed by her choice of executor.
What Does This Mean Today?
Although this case is still referenced by lawyers, it’s a very narrow exception. It only applies in rare cases where:
- The person clearly intended to forgive a debt or make it a gift;
- That intention stayed the same until their death; and
- The recipient was named as the executor of the Will.
Even then, courts are cautious. They want clear evidence of intention. Promises made in passing or informal arrangements usually aren’t enough.
Most people don’t plan for their estate to be decided by exceptions or technicalities. But this case shows how things can get messy when gifts, loans, or promises aren’t properly documented.
It’s common for people to lend money to family, or say they’ll “leave something” to someone in the future. But unless it’s written into a valid Will or legal agreement, those intentions might not be honoured – or could even cause legal disputes.
The safest way to make your wishes clear is to talk to a professional and get it in writing.
Need Help Making Your Will Legally Sound?
At Castrikum Adams Legal, we help clients protect their families, express their wishes, and avoid unnecessary complications. Whether you’re planning to forgive a loan, gift property, or just make sure your estate is handled properly, we’re here to help.
Contact us today to get started with a consultation.