Barns v Barns

Succession – Family provision - Deed between husband and wife - Mutual wills executed pursuant to deed - Effect of deed and wills upon family provision claim - Whether property the subject of deed and wills available as part of estate out of which provision made - Whether deed invalid for reasons of public policy - Inheritance (Family Provision) Act 1972 (SA), s 7.

Precedent – High Court and Privy Council - Conflict between two Privy Council decisions - Circumstances in which High Court should depart from Privy Council decisions - Where decision of Privy Council was on a matter of State law in appeal directly from primary judge in a State Supreme Court, rather than from High Court.

Words and phrases – "estate".

Inheritance (Family Provision) Act 1972 (SA) – s 7.