Family of Dr Malcolm Ewart Nancarrow launch Supreme Court action over $4m will gift to tax agent Bill Pitsadiotis

The family of a respected doctor who died with a $16m estate are questioning gifts left to a tax agent that include millions in shares, a luxury car and $550,000 cash.

The family of a respected doctor is challenging the distribution of his $16m estate, questioning a tax agent’s stake in the fortune increased from $50,000 to more than $4m in what they describe as “suspicious” circumstances.

Dr Malcolm Ewart Nancarrow died on April 2, 2021, aged 98. He was a doctor for more than 60 years who also became a Member of the Order of St John for his work with the St John SA motorcycle division.

Dr Nancarrow died a wealthy man, his estate including millions in shares and long-term deposits, cash and a $70,000 car.

Dr Nancarrow’s grandsons are questioning the share of the estate given in the will to tax agent Bill Pitsadiotis – who denies any wrongdoing. The distribution of the assets has been frozen pending the outcome of the legal action.

In a published judgment, Supreme Court Master Judge Katrina Bochner ordered that files held by an Adelaide law firm relating to five different versions of Dr Nancarrow’s will be provided to his son and two grandsons.

Jock, James and Lachlan Nancarrow are questioning whether Dr Nancarrow had the capacity to make multiple wills and tend to his financial affairs from 2013 onwards, when he was in his 90s and had suffered a stroke.

Tax agent Bill Pitsadiotis was named executor in all five of the wills made by Dr Nancarrow after 2014. He was also a witness to the signing of the wills.

Before 2014, Mr Pitsadiotis was not the beneficiary of anything in the wills.

In the first will made after 2014, he was bequeathed $50,000. In the 2016 will, the share increased to $500,000 in cash and a $70,000 car.

In 2017 the share increased to $550,000 along with shares worth $1,722,000.

In the final 2018 will, Mr Pitsadiotis was to receive $550,000 in cash, the $70,000 car and shares worth $3,955,528 – slightly less than a third of the total estate.

A family lawyer who was a witness to the will was also bequeathed $50,000.

“The (family) have sought disclosure of (the lawyer’s) files relating to each of the wills,” Judge Bochner said.

“They say that the circumstances in which each of the 2014, 2016, 2017 and 2018 wills was made are suspicious, given the increasingly large benefit afforded to (Mr Pitsadiotis).

“They say the gifts to (Mr Pitsadiotis) call into question the deceased’s knowledge and understanding of both the size and composition of his estate and the size of the gifts to (Mr Pitsadiotis) in the various wills.”

They family submits that Mr Pitsadiotis controls all of the information about the Dr Nancarrow’s will, health and decision making.

The family has also applied to the court to issue subpoenas to Dr Nancarrow’s doctors and healthcare providers to obtain medical records.

That application has yet to be decided.

Mr Pitsadiotis’ legal team argued the grandsons were making only “vague allegations” that Dr Nancarrow had been unable to handle his affairs before his death.

He denies any allegations the final wills were “suspicious”.

The case will return to court in the coming months for further argument.