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NEWS 13

GP in court over patient ’ s $ 30m will

Heather Saxena A GP who inherited most of his patient ’ s $ 30 million estate is heading back to court after two other beneficiaries and the Salvation Army took the case to the NSW Court of Appeal .
Last year , Dr Peter Alexakis overcame a Supreme Court of NSW challenge from the charity and the other beneficiaries , who argued he unduly influenced terminally ill patient Raymond McClure to leave him the bulk of the estate .
Mr McClure , who made his millions trading property and shares , had no partner or children when he died in November 2017 from colorectal cancer , aged 80 .
His final will left Dr Alexakis his $ 3 million Sydney home plus 90 % of his residual estate .
This and a previous will , which also named Dr Alexakis among the beneficiaries , were both prepared by the GP ’ s solicitor on Mr McClure ’ s request .
After Mr McClure died , the Salvation Army — which was cut from the earlier of the two wills — and other beneficiaries took Dr Alexakis to court .
The judge should have found that Dr Alexakis ’ conduct involved “ victimisation , exploitation , predation or obloquy ”, it said .
The hearing is listed for 6 March .
Dr Alexakis is also due to face the NSW Civil and Administrative Tribunal for a sanctions hearing .
He was found guilty of professional misconduct eight months ago , partly
over his dealings with Mr McClure ’ s hospital doctors .
This included “ assertively ” telling a palliative care specialist to speed up a temporary discharge for Mr McClure and telling a geriatrician “ it would be better ” for him to be moved to another hospital .
“ Quite apart from the fact that he was not then part of [ the ] treating team and lacked the expertise to
criticise or challenge the opinions of expert practitioners who were , or had been , [ Dr Alexakis ’] conduct was professionally disrespectful ,” the tribunal concluded .
“[ This conduct ] is more than discourteous to the specialist medical practitioners against whom it was directed .
“ It is completely unprofessional and risks deviating them from their already

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demanding duties to the potential detriment of their patients .”
But the main basis for the misconduct finding was Dr Alexakis ’ “ inappropriate ” prescribing of fentanyl and oxycodone to another patient over nine years .
The tribunal cleared Dr Alexakis of allegations he had breached professional boundaries to secure an inheritance from Mr McClure .
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( dapagliflozin )
Dr Peter Alexakis .
Dr Alexakis is accused of obloquy .
The charity accused the GP of “ grooming ” Mr McClure and of “ fraudulently failing ” to disclose that he had previously inherited $ 80,000 from another patient , who had also changed their will via Dr Alexakis ’ lawyer .
But last May , Justice Trish Henry found that Mr McClure ’ s “ high regard and gratitude ” for Dr Alexakis ’ care had informed his decision to change his will and that he had cut out the Salvation Army because of allegations of child sex abuse involving the charity .
Now , in NSW Court of Appeal filings , the Salvation Army has alleged that the judge should have found that both amended wills came about in the “ most extreme category of suspicious circumstances ”.
And it has competition from another beneficiary who has sought 90 % of the estate . His appeal claimed he was owed ‘ interest in assets ’ — potentially worth tens of millions of dollars — from Mr McClure in lieu of remuneration for work that included gardening , handyman tasks and helping to run his business .
It argued the “ unusually extensive and extra-normal assistance ” that Dr Alexakis had provided to Mr McClure from June 2017 meant it was “ unconscientious ” to keep the bequest .
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