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How NOT to handle an Inheritance Dispute

A photo of Noel McNicholas
21st October 2024

At the end of our lives, we want to know we can pass on to those loved ones around us, or for a good cause, the efforts of our labours built up over a lifetime.  Whether those wishes are in line with expectations and custom is, of course, another matter.  And when a potential beneficiary fears they will not receive all they had anticipated or be obliged to wait a long time, feelings can run high.  But not usually as high as those of Dr Thomas Kwan, a GP from Sunderland.

Dr Kwan has just admitted to attempted murder after he injected his mother’s partner, Mr O’Hara, with a toxin that caused a rare and life-threatening flesh-eating disease in January 2024 at Mr O’Hara’s home in Newcastle.   Dr Kwan had disguised himself as a community nurse to carry out the attack.  He sent fake NHS letters to Mr O’Hara, arranging a home visit from a “community nurse”.   After changing the number plates on his car, checking in to a Premier Inn nearby the night before under a false name and disguised with a moustache, mask and glasses, Dr Kwan visited Mr O’Hara, offering a Covid-19 booster jab.   Mr O’Hara felt immediate pain from the injection, prompting suspicion and medical help.   He was treated for necrotising fasciitis at Newcastle’s Royal Victoria Infirmary, requiring parts of his arm to be removed.   Although Dr Kwan had previously admitted to administering a noxious substance but claimed he only intended to cause pain and discomfort.   However, after the prosecution opened the case, Dr Kwan changed his plea to guilty.   The prosecution described Dr Kwan’s plan as “audacious” and “stranger than fiction.”   He had even installed spyware on his mother’s computer to monitor the couple and created a backup plan involving a fake charity letter.

But why?

Well, Dr Kwan’s mother, Wai King (also known as Jenny Leung), had left her home to Mr O’Hara in her Will, with the property passing to her children only upon Mr O’Hara’s death.  

So, a pretty a straightforward life interest trust was intended by Mrs King whereby Dr Kwan would have to wait for Mr O’Hara to die before he took a share of his mother’s home.  This is often the solution where the testator has children from a previous relationship and wants to ensure their surviving partner has a roof over the heads for the rest of their life before the property passes to their own children.  Whilst life interests are certainly not perfect and can cause tension after the death of the testator between the life tenant (Mr O’Hara in this instance) and the children of the testator (Dr Kwan), they are still generally accepted by all parties as being preferable to attempted murder or having parts of one’s arm amputated.   Dr Kwan presumably did not take kindly to having to wait for nature to take its course so he could inherit his share of his mother’s home and decided to hurry things along.    

What can beneficiaries do if they suspect the testator is not going to be as generous or they may have to wait a long time to receive any inheritance?

Well, not following Dr Kwan’s approach is a very good start.  

But inheritance disputes are highly charged and taking early advice from an experienced contentious probate solicitor is always a wise move.  Even if the dispute doesn’t appear to be immediately capable of resolution, it often is and there are many ways to find a path that all parties can agree that allows the dispute to be quickly defused.  Some concessions on both sides are often required, but the prospect of going to a trial - with all the stress, expense and risk that entails - means there is always room for negotiation.  And that is the path Dr Kwan should have followed as he now knows.  And even if he had succeeded with his plan and Mr O’Hara had died, the Forfeiture Act 1982 provides that anyone who has unlawfully killed someone forfeits their right to their inheritance.  Thankfully, that didn’t come to pass.  Dr Kwan will be sentenced later this month.  It’s safe to say he won’t working as a GP in the future and is staring at a long prison sentence.  

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Our blogs and articles are not meant to serve as legal advice for any specific issue. The author assumes no responsibility for the accuracy of the content or any consequences that may arise from relying on it.