A direction to award millions to the de facto partner of a high-profile doctor who signed a declaration to that effect the day he died has been upheld by a court.
In the judgment Harry Nespolon's de facto partner Lindy van Camp has been awarded the deceased doctor's estate, estimated to be worth more than $4.7 million, following a successful court battle.
Dr Nespolon was president of the Royal Australian College of General Practitioners from 2018 until his death from pancreatic cancer aged 57 in July 2020.
The Department of Health's then-secretary Dr Brendan Murphy lauded Dr Nespolon's contributions to national cabinet during the COVID-19 pandemic, saying his input on expanding telehealth consultations had been hugely important.
"He took the RACGP presidency with pride, and with a vision: to support Australia's GPs as health professionals and small businesses, to deliver the best possible care to their patients," Dr Murphy said.
Dr Nespolon signed a binding death benefit notice in hospital on the day he died, directing his self-managed super fund to pay his benefits to Ms van Camp in the event of his death.
The NSW Supreme Court was asked to determine whether he lacked the capacity to make such a notice when he signed it, and whether there was a reason to have it set aside.
In a complex will three days before he died Dr Nespolon appointed Ms van Camp as one of three executors of his estate, saying he still needed "to sort out my super fund".
When he signed the binding death benefit notice the afternoon he died another doctor who witnessed asked Dr Nespolon if he knew what he was signing.
He said it related to his will and was to prevent Ms van Camp being "taxed out of her brains".
The court ruled he was capable of understanding what he was doing when he signed the notice, which unlike his will, was not a complex document.
Two doctors considered it reasonable to witness him signing it, suggesting Dr Nespolon's mental functioning "was not so obviously impacted" by medication to raise real concerns about his capacity.
The court was also not satisfied the notice came as a result of any unconscionable conduct by Ms van Camp seeking to take advantage, finding Dr Nespolon had received advice and given instructions about his affairs over several months.
The court ruled the notice was valid and binding in a judgment published on Monday.
Payment of Dr Nespolon's member benefits from the self-managed super fund to Ms van Camp has been ordered within three weeks.
