Face v Cunningham & Anor [2020] EWHC 3119 (Ch) (28 October 2020)

Face v Cunningham & Anor [2020] EWHC 3119 (Ch) (28 October 2020)

The court found, on the balance of probabilities and beyond reasonable doubt, that the 2017 will was forged by Rebeca with the assistance of attesting witnesses and her partner. The evidence of the attesting witnesses was rejected as inherently incredible and fabricated. The estate of Donald Charles Face is to be distributed on intestacy. Richard Kaethner failed to establish a beneficial/equitable interest in 120 Maryland Road beyond what is provided by intestacy.

Citation
[2020] EWHC 3119 (Ch)
Parties
Claimant: Rebeca Olivia Lucille Face; First Defendant: Rowena Eleanor Liesa Cunningham; Second Defendant: Richard Kaethner
Jurisdiction
England and Wales
Judgment Date
28 October 2020
Procedural Posture
Contested Probate Claim / Trial Judgment
Outcome
Claim dismissed; estate to be distributed on intestacy.
Legal Topics
Forgery of Will, Intestacy, Burden of Proof, Beneficial Interests in Property
Probate Property Trusts Forgery of Will Intestacy Burden of Proof Beneficial Interests in Property

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Parties

Rebeca Olivia Lucille Face

Claimant

Rowena Eleanor Liesa Cunningham

First Defendant

Richard Kaethner

Second Defendant

Procedural Posture

Contested Probate Claim / Trial Judgment

Legal Issues

  1. 1 Whether the 2017 will of Donald Charles Face was forged
  2. 2 Whether the estate should be distributed on intestacy
  3. 3 Whether Richard Kaethner has a beneficial/equitable interest in 120 Maryland Road

Ratio Decidendi

The court found, on the balance of probabilities and beyond reasonable doubt, that the 2017 will was forged by Rebeca with the assistance of attesting witnesses and her partner. The evidence of the attesting witnesses was rejected as inherently incredible and fabricated. The estate of Donald Charles Face is to be distributed on intestacy. Richard Kaethner failed to establish a beneficial/equitable interest in 120 Maryland Road beyond what is provided by intestacy.

Court Disposition

Claim dismissed; estate to be distributed on intestacy.

Orders

  • The 2017 will is declared a forgery and not admitted to probate.
  • Estate of Donald Charles Face to be distributed according to intestacy rules.