Barns v Barns No. Scciv-99-333

The case of Barns v Barns, brought before the Supreme Court of South Australia, involved a daughter contesting the provisions of her father’s Will, seeking provision for her maintenance under the Inheritance (Family Provision) Act 1972. The father had died, leaving his estate to his widow, with the son as the executor of the estate. The daughter, along with her children, sought to challenge the Will on the grounds that they were inadequately provided for. The defendants argued that a Deed executed by the father, mother, and son on the day the Will was made, which aimed to prevent any claims under the Act, should be upheld, and thus the estate should remain with the son. The court had to decide whether the Deed was valid and whether it precluded the daughter’s claim for provision from the estate.

The court first assessed the validity of the Deed, concluding that if the Deed was valid, it would create a trust in favor of the son, making the estate inaccessible for the court’s order under the Act. The court then examined the principle that a contract aiming to preclude claims under the Act is contrary to public policy, citing cases such as Lieberman and Anor v Morris. It held that such contracts, including the Deed in question, were void as they undermined the public policy of ensuring family members are not left without adequate provision. Consequently, the Deed was declared void, and no trust could arise from it, allowing the court to proceed with the daughter’s claim for provision from the estate.

The final outcome of the case was that the Deed was void, and the court could consider the daughter’s application for provision from the estate. The court did not make specific orders in this judgment but set the stage for further proceedings to determine the daughter’s entitlement to provision from her father’s estate.