Face v Cunningham & Anor

Face v Cunningham & Anor

The 2017 will propounded by Rebeca Face is a forgery, fabricated with the assistance of the attesting witnesses and her partner. Mr Face died intestate. The 2006 contract vested a 48.03% beneficial interest in 120 Maryland Road in Richard Kaethner, but this interest vested in his trustee in bankruptcy upon his bankruptcy in 2011. The 2016 agreement was a voluntary agreement to create protective trusts of the remaining 51.97% interest, but such trusts were never completely constituted and are not specifically enforceable; no present claim for damages arises as the time for performance has not expired.

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
Probate and Property Dispute / Judgment After Trial
Outcome
Claim dismissed as totally without merit; counterclaim dismissed; declarations made as to intestacy and beneficial interests; costs to be paid by claimant on indemnity basis; no order as to costs of counterclaim.
Legal Topics
Will Forgery, Intestacy, Beneficial Interests, Constructive Trust, Bankruptcy, Costs
Probate Property Law Trusts Civil Procedure Will Forgery Intestacy Beneficial Interests Constructive Trust +2 more

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Parties

Rebeca Olivia Lucille Face

Claimant

Rowena Eleanor Liesa Cunningham

First Defendant

Richard Kaethner

Second Defendant

Procedural Posture

Probate and Property Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the 2017 will propounded by Rebeca Face is a forgery
  2. 2 Whether the late Mr Face died intestate
  3. 3 Whether Richard Kaethner has a beneficial interest in 120 Maryland Road under the 2006 or 2016 agreements

Ratio Decidendi

The 2017 will propounded by Rebeca Face is a forgery, fabricated with the assistance of the attesting witnesses and her partner. Mr Face died intestate. The 2006 contract vested a 48.03% beneficial interest in 120 Maryland Road in Richard Kaethner, but this interest vested in his trustee in bankruptcy upon his bankruptcy in 2011. The 2016 agreement was a voluntary agreement to create protective trusts of the remaining 51.97% interest, but such trusts were never completely constituted and are not specifically enforceable; no present claim for damages arises as the time for performance has not expired.

Court Disposition

Claim dismissed as totally without merit; counterclaim dismissed; declarations made as to intestacy and beneficial interests; costs to be paid by claimant on indemnity basis; no order as to costs of counterclaim.

Orders

  • Claim by Rebeca Face dismissed as totally without merit
  • Pronouncement against the alleged 2017 will