What Is the Rule in Strong V Bird

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The Answer is The rule in Strong v Bird is a legal principle that originates from an English court decision in the case of Strong v Bird in 1874. The rule addresses the situation where a person (the donor) makes an intention to gift something to another person (the donee), but the gift is not completed before the donor's death. Under normal circumstances, for a gift to be valid, it must meet certain requirements, such as the intention to give, delivery of the gift, and acceptance by the donee.

However, the rule in Strong v Bird provides an exception to the standard requirements for a valid inter vivos gift (a gift made during the donor's lifetime). According to this rule, if the following conditions are met, the gift can be considered valid even if it was not fully completed before the donor's death:

1. The donor had a clear and settled intention to make a gift to the donee.
2. The donor's intention to make the gift continued up until the time of their death.
3. The donee was also the executor or administrator of the donor's estate.

The rationale behind the rule is that the continued intention of the donor to make the gift, combined with the donee's role in administering the estate, effectively cures the defect of the incomplete gift. In other words, the donee, in their capacity as executor or administrator, is in a position to complete the gift, and it is presumed that the donor would have wanted this to happen.

The rule in Strong v Bird has been applied and developed in subsequent case law and is an established principle in the law of gifts and estates. It is important to note that the application of this rule can vary depending on the jurisdiction and the specific circumstances of each case.

What Is the Rule in Strong V Bird

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