Blasutto v Fantin

The case of Blasutto v Fantin involves a dispute regarding the succession of the estate of Mrs. Maria Blasutto, who passed away in 1966. The main issue in contention is whether a will, allegedly executed by Mrs. Blasutto, is valid and should be admitted to probate. The respondent, Mr. Fantin, is contesting the will on the grounds that it was lost and cannot be produced, arguing that the presumptions of law should not apply due to the uncertain circumstances surrounding the will's whereabouts. The matter was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the presumptions outlined in the Succession Act 1958 (Vic) could be applied to a lost will, and if so, under what conditions. The court had to consider the onus of proof and the credibility of the evidence presented by both parties regarding the existence and subsequent loss of the will. The court also needed to determine if the presumptions could be rebutted by evidence that the will was lost or destroyed.

The court held that the presumptions regarding the existence and production of a lost will can apply if the party seeking to prove the will can establish a prima facie case that the will was lost or destroyed after the testatrix's death. The court emphasised that the onus of proof lies on the party contesting the will to show that it was lost or destroyed. In this case, the court found that the evidence provided by the plaintiff was sufficient to establish that the will had been lost or destroyed after Mrs. Blasutto's death, and thus the presumptions applied. Consequently, the court admitted the will to probate.

The final orders of the court were that the will of Mrs. Blasutto, dated 1953, be admitted to probate, and that the estate be distributed in accordance with the provisions of the will. The court also ordered that the costs of the proceeding be borne by the respondent, Mr. Fantin. This decision reinforces the application of legal presumptions in cases of lost wills and the importance of establishing a prima facie case for the admission of such wills to probate.