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2022

Dr Peter Alexakis was the main beneficiary of a $ 30 million estate .

SAM RUTTYN / NEWSPIX

Heather Saxena

GP who inherited most of his patient ’ s $ 30 million estate has overcome a legal challenge from the Salvation Army and three other beneficiaries , allowing him to keep the money .

For the past two years , Dr Peter Alexakis has been locked in a battle over the estate of Raymond McClure , who died of colorectal cancer in November 2017 .

Mr McClure made his millions trading property and shares and had no partner or children .

Dr Alexakis had been his treating doctor since 2014 . But in June 2017 , Mr McClure changed his will to leave 65 % of his estate to him — completely cutting out the Salvation Army , the main beneficiary of a previous will .

He changed his will again in July , leaving Dr Alexakis his $ 3 million home and 90 % of his residual estate .

The solicitor

Both wills were prepared by Dr Alexakis

’ solicitor , whom Mr McClure had asked to see when he decided to change his wishes .

The same law firm had also prepared a will for another of Dr Alexakis ’ patients , who left the GP $ 80,000 back in 2014 .

This led the Salvation Army to accuse Dr Alexakis of “ grooming ” his terminally ill patient and “ fraudulently failing ” to disclose the fact he introduced a previous patient to the same law firm .

It alleged the GP relied on Mr McClure ’ s social isolation , lack of family and memory problems to exert “ undue influence ” on him .

Another beneficiary alleged that Mr McClure named Dr Alexakis in his will as part of a deal that the doctor would help him secure discharge from the hospital .

Dr Peter Alexakis .

They also claimed that Mr McClure told them he only changed his will because he was “ under pressure ” from the GP .

However , the Supreme Court of NSW did not accept that this conversation happened .

The $ 10,000 offer

In a decision handed down last month ,

Justice Trish Henry instead accepted Dr Alexakis ’ version of events : that he was offered $ 10,000 from Mr McClure to help him abscond from the hospital , a cash offer he refused .

The judge also found that Mr McClure had testamentary capacity , despite a mild cognitive impairment , based on the results of neuropsychological tests performed during his hospitalisation .

She said his “ high regard and gratitude ” for Dr Alexakis ’ care informed his decision to change his will .

She said Mr McClure had expressed a desire to cut the Salvation Army from

his will following allegations of child sexual abuse involving the charity that had been reported in the media .

While there was a power imbalance making him susceptible to Dr Alexakis ’ influence — heightened by his illness and social isolation — he was capable of resisting any pressure , she said .

“ I am satisfied that Mr McClure initiated the making of his new will in June 2017 in a manner consistent with

his stated intention to change his will and remove the Salvation Army ,” she wrote in her judgement .

“ Dr Alexakis was not instrumental in providing the instructions for the 2017 wills [ and ] was not involved in their preparation , drafting or execution .

“[ He ] did not know that he was a beneficiary under them at the relevant times .

“ In my view , the evidence does not demonstrate or suggest that Dr Alexakis encouraged Mr McClure to make his wills .”

She said Dr Alexakis encouraged Mr McClure to seek additional medical care from other doctors and to accept public legal aid to assist with his will before

‘ Dr Alexakis was not involved in the preparation , drafting or execution of the wills .’

eventually introducing his own lawyer .

She said Dr Alexakis ’ response to

a complaint about him to the NSW Health Care Complaints Commission illustrated his handling of the events .

As revealed by the court , a hospital doctor complained about potential unethical conduct based on an

overheard conversation between Mr McClure and a lawyer , where they discussed the will favouring Dr Alexakis .

Police investigation

The police became involved but

closed the case after Mr McClure persuaded detectives that Dr Alexakis was his friend and was not unduly influencing him .

After the police investigation , Dr Alexakis ended the therapeutic relationship and advised Mr McClure to seek independent legal advice regarding his last will , the judge found .

“ Such acts do not , in my view , speak of a man who was seeking or had sought to manipulate Mr McClure in relation to his testamentary intentions to make a large bequest in his favour ,” she concluded .

The NSW Civil and Administrative Tribunal is yet to rule whether or not Dr Alexakis breached professional boundaries .

FROM PAGE 1 concerns ” for patient access and that there were no alternative low-dose metered aerosols approved for young children .

“ The PBAC noted this had not been the intended effect of its previous advice ,” it said .

But to return to an unrestricted listing , GSK Australia would have to agree to absorb a statutory PBS price reduction of around 21 %, which was originally scheduled for 1 April , the PBAC stated .

GSK Australia said it had already received so-called ministerial discretion to maintain the

same price for its drugs and that taking the price reduction would have made the drugs unviable in Australia .

RACGP president Dr Nicole Higgins said the 1 April change had forced GPs and patients to

‘ The ban was particularly bad for rural patients .’

“ jump through several hoops ” and make “ difficult decisions ” when managing young children with asthma .

“ It was particularly bad for rural and regional

patients , who struggle to access non-GP specialist care at the best of times ,” she said in a statement .

While Flixotide Junior and Axotide Junior only cost $ 11- $ 28 on the private market — less than the maximum PBS co-payment — Dr Higgins added that concession card holders and families who relied on the PBS safety net would also struggle to meet the cost .

In announcing the change , Minister for Health and Aged Care Mark Butler said the initial restrictions had led to “ unintended consequences ” for patients accessing treatment .

“ I wrote to the PBAC in May — after health professionals and advocacy groups raised concerns with my office — and asked them to take another look at these issues ,” he said in a statement .

Dr Kerry Hancock .