Doctor wins court case to keep fortune left to him by a wealthy patient

A doctor who befriended a dying, lonely millionaire has won an appeal to keep the majority of a $24m estate that in earlier versions of a will had been bequeathed to the Salvation Army.

Dr Peter Alexakis has won a court case that has allowed him to inherit the majority of a $24m estate. Picture: Sam Ruttyn

A Sydney doctor has won his appeal to inherit the majority of a $24m estate left to him by a wealthy patient, despite being found guilty of malpractice for being too close to the lonely old man.

Strathfield GP Dr Peter Alexakis was victorious in the NSW Court of Appeal on Wednesday which ruled that he had not applied undue influence to convince patient Raymond McClure to leave him the majority of his estate.

Mr McClure died from cancer in November 2017, at 84, leaving an estate worth about $27m, which included a Strathfield home worth about $3m.

He never married or had any children and was estranged from his other family.

Mr McClure made six wills but the final version of it left about 90 per cent of his estate to his treating GP, Dr Alexakis.

Earlier versions of Mr McClure’s will had left the majority of his wealth to The Salvation Army, an ex-business partner and a friend.

However, the amounts they were set to inherit were all but eliminated from the last incarnation of the will in favour of Dr Alexakis.

Raymond McClure wrote two wills months before he died in 2017 that left the doctor 90 per cent of his estate.

In May 2023, Dr Alexakis won a Supreme Court challenge to have the will ruled invalid by the Salvation Army, the business partner and friend.

They claimed the doctor committed fraud and exerted undue influence to have Mr McClure leave him most of the estate. The trio appealed the decision to the NSW Court of Appeal.

On Wednesday a three-judge panel again ruled in favour of Dr Alexakis paving the way for him to inherit Mr McClure’s fortune.

The judges dismissed five grounds of appeal. These included findings that Dr Alexakis, whose wife owns an $8m Vaucluse mansion, did not commit fraud or exert undue influence over Mr McClure who was in poor health.

However, the judges ruled that the legal costs for the appeal were to be paid out of Mr McClure’s estate.

The Strathfield property left by Raymond McClure to Peter Alexakis.

The court’s ruling follows a July 2023 decision by the NSW Civil and Administrative Tribunal that found Dr Alexakis guilty of malpractice for “blurring of the boundaries of the doctor-patient relationship” in relation to his doctor-patient relationship with Mr McClure.

The Court of Appeal was told Mr McClure’s second last will was made on June 8, 2017, which left 65 per cent of his estate to Dr Alexakis.

The final version about one month later left 90 per cent of the estate to Dr Alexakis.

Both wills were made when Mr McClure was gravely ill and had been admitted to hospital, the court heard.

Mr McClure, the court was told, complained that he did not want to stay in hospital and Dr Alexakis began visiting him at his home almost daily.

In May 2017, while in hospital, Mr McClure told Dr Alexakis that he wanted to change his will to remove the Salvation Army as principal beneficiary, the court heard.

At Mr McClure’s request, Dr Alexakis arranged for a solicitor to take instructions to draft and execute a new will, the June will.

A month later, while at home and receiving regular house visits from Dr Alexakis, Mr McClure executed the July will.

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