(Australia) A debt can only be released and extinguished by an agreement for valuable consideration or an instrument of release under seal. Where a testator or testratrix appoints a debtor as executor under a will any cause of action against the debtor is extinguished because an executor cannot sue himself.
Judges:
Lord Wilberforce, Viscount Dilhorne, Lord Cross of Chelsea, Lord Fraser of Tullybelton, Lord Russell of Killowen
Citations:
[1976] TR 117, [1976] 2 All ER 354, [1977] AC 511, [1976] UKPC 11, [1976] 2 WLR 968, [1976] STC 145
Links:
Citing:
Cited – Sibthorp v Moxton 10-Nov-1747
A woman by will forgives a bond-debt to her son-in-law, and desires her executor to deliver up the bond to be cancelled ; this held not to be lapsed by his dying before the testatrix. . .
Cited – The Attorney General v John Hollingworth 30-May-1857
By agreemerit made in 1794, 80001. stock was transferred by O. to H, upon the terms that H should repay the money produced by the sale of it or replace the stock at the option of O, and in the mean time pay interest at the rate of 5 per cent., the . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Wills and Probate
Updated: 19 September 2022; Ref: scu.444267