Walton J expressed serious doubts about the extension of the rule in Strong v Bird to an administrator. The appointment of a donee by a donor to be his executor is a personal act of choice by the donor. The effect of such act is to make it impossible for a donee, as executor, to sue himself. And that is consistent with the intention on the part of the donor to make a gift to the donee. The appointment of an administrator, on the other hand, is not the act or choice of the donor but of the law. And often it is a matter of pure chance which of the many persons who are entitled to a grant of letters of administration will be appointed as the administrator. I
Judges:
Walton J
Citations:
[1977] 2 All ER 720, [1979] Ch 16
Jurisdiction:
England and Wales
Wills and Probate, Trusts
Updated: 06 May 2022; Ref: scu.556389
