Garcia Arenas v Fica; Crosby v Fica [2017] NSWSC 1769

Supreme Court New South Wales

Medium Neutral Citation: Garcia Arenas v Fica; Crosby v Fica [2017] NSWSC 1769 Hearing dates: 18 October 2017 Date of orders: 19 December 2017 Decision date: 19 December 2017 Jurisdiction: Equity - Family Provision List Before: Parker J Decision: 2016/236378 First plaintiff entitled to provision of $100,000 and a potentially deferred further provision of $65,000, and second plaintiff entitled to a potentially deferred provision of $65,000

2016/269892 Plaintiff entitled to provision of $25,000 and a potentially deferred further provision of $65,000 Catchwords: Succession – family provision claims by three children of deceased – modest estate with property as main asset – January 2014 will in favour of five children and one grandchild as beneficiaries – September 2015 will distributing whole of estate to third wife whom deceased first met in September 2014 – change in testamentary intentions – provision which ought to be made – proper provision for maintenance, education and advancement of child who is a minor – proper provision for advancement of adult children – charge on property for legacies in favour of beneficiaries Legislation Cited: Succession Act 2006 (NSW), ss 57(1)(c), 59(1)(c), 59(2) Cases Cited: Gorton v Parks (1989) 17 NSWLR 1 Kohari v NSW Trustee & Guardian (No 2) [2017] NSWSC 1080 Nicholls v Hall [2007] NSWCA 356 Slack v Rogan; Palffy v Rogan (2013) 85 NSWLR 253; [2013] NSWSC 522 Category: Principal judgment Parties: 2016/236378 Susana Garcia Arenas (First Plaintiff) Gemma Garcia Arenas (Second Plaintiff) Juan Fica (Defendant)