Garcia Arenas v Fica; Crosby v Fica

The case involved a dispute between three children of the deceased, Garcia Arenas, and the third wife of the deceased, Fica, over the distribution of the estate. The deceased passed away in 2017, leaving a will dated September 2015 which bequeathed the entire estate to Fica, whom he had met in September 2014. The children contested this will, arguing that it did not adequately provide for their needs and those of their minor sibling. The Family Provision Act was invoked by the children to seek fair provision from the estate. The court had to determine whether the will adequately provided for the maintenance, education, and advancement of the minor child and whether it appropriately provided for the adult children.

The primary legal issues for the court to decide were whether the September 2015 will, which disinherited the children, was a true reflection of the deceased's final wishes, and if not, what provision should be made under the Family Provision Act. The court had to consider the circumstances surrounding the creation of the will, the deceased's prior testamentary intentions, and the needs of the children. The court also needed to assess whether the deceased's intentions changed after meeting Fica, and whether the will reflected a genuine change in his testamentary dispositions.

The court found that the deceased's intentions had indeed changed after meeting Fica, leading to the creation of the September 2015 will. However, the court determined that this will did not adequately provide for the minor child's needs or the adult children's advancement. The court ordered that the estate be distributed such that the minor child's needs were met, and the adult children were provided for in a manner consistent with their respective circumstances. A charge was placed on the property to ensure the legacies in favour of the beneficiaries were met.