SA court told legalities surrounding Dr Clayton Lang’s mother, ex-wife and children will complicate $700k claim on his estate
He died alongside his dad – now the legal status of this plastic surgeon’s ex-wife, mother and two children have added new complications to a $700,000 lawsuit over his estate.
SA News
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A lawsuit over a dead plastic surgeon’s estate has been complicated by divorce, the age of his children, his mother’s legal status and his father’s simultaneous death, a court has heard.
On Wednesday, the Supreme Court was told events immediately prior to, during and after Dr Clayton Lang’s death affected a $700,000 claim by his business partner, Marcus Nikitins.
It heard Dr Lang’s mother, Helen, was the only member of the family left to serve as executor of her son’s will – but SA’s probate authorities had refused to recognise her position.
Kerry Clark, for Mrs Lang, said that dispute was ongoing and warned an out-of-court settlement, though desired, was legally impossible.
“Ultimately, if this matter is capable of being resolved – and we very much hope that it is – it will still have to go before a court,” she said.
“That’s because the sole beneficiaries of Dr Lang’s will are his two young children, who are under the age of 18.
“Any form of compromise will, therefore, only be able to go ahead with the court’s permission.”
Dr Lang died in January battling the Kangaroo Island bushfires alongside his father, famed bush pilot “Desert” Dick Lang.
In his lawsuit, Mr Nikitins has asserted Dr Lang was under investigation for the unlawful prescription and inappropriate procurement of narcotics.
He has further asserted Dr Lang undertook procedures “while in an impaired physical and mental condition” that suggested he was “under the influence of alcohol or narcotics”.
He claims Dr Lang failed to financially support their partnership and was “unprofessional, unkempt, dishevelled, unreliable and irregular”.
On Wednesday, Ms Clark said Mrs Lang was legally unable to respond to the lawsuit.
“Dr Lang’s will was made before his divorce from his then-wife, Dr Christie Moule, who was named as the executor,” she said.
“But because they had obtained a divorce, she’s unable to be the executor … the alternatives (in the will) were his mother and father, and his father died at the same time.
“Mrs Lang applied to be granted probate, but the (court) registry took a different view.”
She said her client expected to be granted limited administration of the estate by December, but was keen to progress the case to private mediation.
Mark Douglas, for Mr Nikitins, said there was no reason to postpone mediation.
“Evidence, if it needs to be called, will show that (these issues) have not stopped Mrs Lang from acting in other regards,” he said.
Judge Graham Dart ordered the parties attend mediation on December 1, and return to court one week later.
