Legal dispute over Dr Harry Nespolon’s $4m death benefits heads to court

The court must decide if the former RACGP president was affected by medication when he signed the forms shortly before his death
Dr Harry Nespolon.

More than $4 million from the estate of former RACGP president Dr Harry Nespolon is being contested in court, with lawyers arguing over whether he had capacity to change his wishes two days before he died.  

Dr Nespolon died in 2020 from pancreatic cancer partway through his presidential tenure, leaving behind his wife and their two young daughters.  

According to the Supreme Court of NSW, Dr Nespolon called his solicitor a day after he signed his last will and two days before he died to ensure death benefits from his life insurance, worth $4.4 million, went to his wife rather than being held in a trust.

But her two co-executors — Dr Nespolon’s self-managed super fund and his brother, Walter — are contesting the claim, saying Dr Nespolon lacked capacity.