Just in Case Law

SUCCESSION: Bar-Mordecai (Part 3)


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Bar-Mordecai v Rotman [2000] NSWCA 123; Hillston v Bar-Mordecai [2003] NSWSC 89

The Bar-Mordecai saga involves a doctor (Michael Bar-Mordecai, 36 years old) who commenced a relationship with his patient (Eveline Hillston, 72 years old) and not only continued to act as her doctor, but also got her to work for free in his medical clinic.

Eveline died in 1994 and soon after started legal proceedings that would run for over a decade. Bar-Mordecai claimed that Eveline destroyed her Will and, as her de facto, her was entitled to her entire estate. The estate denied that a de facto relationship existed and wanted Bar-Mordecai to return the significant gifts he had receiving, including his share in the home and the site of his medical practice.

The relationship between Bar-Mordecai and Eveline spawned about 46 court judgements and I cover only the core issues in this three part series.

Part 1 we cover the background and the nature of the relationship between Bar-Mordecai and Eveline.

Part 2 we cover the probate proceedings, the allegations of undue influence and the family provision claim.

Part 3 we cover the application to force the sale of the home and the proceedings before the medical tribunal.

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Just in Case LawBy Tanya Chapman


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