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A Sydney doctor has been accused in court proceedings of “undue influence” after he emerged as the major beneficiary of a dying patient’s estate – worth a reported $30 million.
A legal battle is being waged over the estate of Raymond John McClure, who died November 21, 2017 and had no family.
Less than six months before he died, Mr McClure changed his will twice to leave the bulk of his estate to his doctor of around four years, Peter Alexakis.
The Salvation Army, which was one of the major beneficiaries of a previous will has now alleged in court documents that Dr Alexakis engaged in “unconscionable” conduct and “grooming” Mr McClure into making the changes.
Mr McClure’s business partner Frank Camilleri and friend Hildegard Schwanke have also been embroiled in the complex legal dispute.
The Salvation Army is seeking to have an earlier version of Mr McClure’s will recognised, instead of the most recent version made on July 10, 2017.
Mr McClure made several changes to his will across 10 years and a 2016 version cut out his business partner and gave the Salvation Army the bulk of his estate.
The most recent version gave Dr Alexakis 90 per cent of the estate plus Mr McClure’s Strathfield property, as well as giving Mr Camilleri 9 per cent of the remaining estate and Ms Schwanke 1 per cent. The Salvation Army was not listed as a beneficiary.
Court documents show that Dr Alexakis launched legal action against the Salvation Army and Frank Camilleri, after a caveat was lodged against the estate.
In defending its actions, the Salvation Army also claims in court documents that the will was made under “suspicious circumstances” and that Mr McClure was “so weak and feeble” that very little pressure was required.
The organisation later lodged a cross-claim that the 2016 version of the will should be used and that “undue influence” had been exerted by Dr Alexakis on later versions.
The Salvation Army alleges in court documents that at the time his last will was made, Mr McClure, 83, was suffering from end-of-life colorectal cancer, had some short-term memory loss and was socially isolated.
The Salvation Army claims Dr Alexakis “cultivated a friendship” with Mr McClure, visiting him in hospital almost every night between May 26 and June 26, 2017.
It suggests the doctor “groomed him” into making a will that would benefit the doctor, noting that Dr Alexakis “occupied a position of trust, confidence and loyalty” as well as a “position of ascendancy over him”.
It’s also claimed the doctor introduced Mr McClure to a solicitor called Angelo Andresakis to make the changes to his will, but Dr Alexakis had not told his patient that the lawyer had previously overseen the change of a will from another man who had given the doctor the whole of his estate.
The Salvation Army suggests Dr Alexakis “fraudulently failed” to introduce Mr McClure to an independent solicitor, even though the changes to the will would benefit the doctor.
Dr Alexakis has not yet filed a defence to the cross-claim.
Mr McClure’s business partner Frank Camilleri has also indicated he will lodge a separate claim against the estate.
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