An unusual case involving a million-dollar inheritance continues to generate controversy in Australia, after a nurse received almost one million euros from a 92-year-old retired man to whom she provided care for just 24 days. The family of the deceased went to court and, after several years of legal disputes, the Supreme Court ended up taking over the case and making the final decision.
Lionel Cox, 92 years old, retired, lived alone and had no children or direct family members. In 2015, he was admitted to a senior residence called Cambridge House, where he ended up meeting Abha Anuradha Kumar, the nurse responsible for the institution.
Lack of a formal will
A few days after starting the monitoring, Kumar realized that the elderly man had not left a will and that his assets were valued at around 930 thousand euros, according to the Spanish digital newspaper Noticias Trabajo.
According to the judicial investigation, the nurse prepared a model will for Cox to sign, in the presence of two colleagues who acted as witnesses. The document attributed the entire inheritance to the nurse, something the family described as “one of the most suspicious situations possible”.
Death and beginning of the legal conflict
Cox died shortly afterwards, a victim of pneumonia. Kumar, who was not on duty at the time of the death, quickly accessed the elderly man’s residence and presented the death certificate to continue with the procedures associated with the will.
For several years, the process was not significantly contested, until, in 2021, the retiree’s family took legal action to annul the document.
The court analyzed the case and ended up finding the family in favor, concluding that Cox did not have the capacity to make free and informed decisions. The sentence, according to the same source, determined that the nurse should return the part of the inheritance still available, valued at around 510 thousand euros.
Loss of professional license
In parallel with the court case, the Nursing and Midwifery Council of Australia had already intervened in 2019, revoking Kumar’s professional license for improper involvement in the elderly man’s personal affairs. The organization highlighted that this type of conduct seriously undermines trust in the health sector.
However, a significant part of the fortune had already been used. Around 140 thousand euros were spent on the nurse’s legal defense. The fate of the remaining amount has never been fully clarified, although family members maintain their intention to recover as much of the original inheritance as possible.
Message left by the decision
Lawyer James Dimond, representing the family, cited by , considered the court decision exemplary: “It is a reminder that the law can and must act in these cases.” Speaking to The Sydney Morning Herald, he added that, although these are rare situations, there are elderly people without family support who end up pressured into signing documents that do not reflect their true wishes.
This case once again highlighted the vulnerability of elderly people, especially those who live alone, and the importance of having effective legal mechanisms that guarantee the protection of their will in sensitive matters such as inheritance. In Australia, similar processes have led to greater scrutiny of wills made in contexts of dependency or fragility.
What if a situation like this happened in Portugal?
In Portugal, a will made in favor of a caregiver could be challenged on two fronts. On the one hand, through the annulment of the will due to the testator’s accidental incapacity at the time of signing, when there is a lack of understanding of the meaning of the declaration or lack of free exercise of will, in accordance with article 2199 of the Civil Code. On the other hand, the existence of defects of will, such as fraud or coercion, could also be alleged, applying the general regime for legal transactions provided for in the Civil Code.
In parallel, it would also be possible to request a declaration of inheritance unworthiness from anyone who, through fraud or coercion, has induced the author of the succession to make, revoke or modify the will. The indignity action lasts for two years from the opening of the succession, as established by law.
Even if the will were considered formally valid, if there were legitimate heirs, such as a spouse, descendants or ascendants, the disposition in favor of the caregiver could not exceed the available share. The part reserved by law for legitimes is intangible and, if there is excess, they could request the reduction of testamentary provisions due to ineffectiveness, under the terms of articles 2156, 2157 and 2172 of the Civil Code.
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