THE children of a wealthy businessman honoured for services to charity have failed to overturn his will, despite a court hearing he was an abusive sexual predator.

Alfred Stewart, 71, who died in 2008, left £6.7 million largely to a charitable trust, with his two sons and two daughters left out.

The children, Garry and Calum Stewart, Linden Stephen and Leonie Griffin, raised an action at the Court of Session in Edinburgh to set aside their father's 2005 will and later amendments to it.

But a judge rejected the move and said: "There was, in my view, simply no evidence of delusional thinking in the period after 1997."

Lord Brailsford said: "He seems to have been sexually predatory, selfish and careless for the feelings and well-being of others. That is, however, irrelevant so far as the present action is concerned.

"The behaviour described may be repugnant but it does not in my view shed light on the testator's [Mr Stewart senior] capacity, or lack thereof, to dispose of his estate by testamentary disposition."

The judge was satisfied Mr Stewart behaved in an abusive way towards his first wife and committed adultery with the woman who became his second spouse.

He said: "[Mr Stewart] also behaved in a distant and remote way towards the children of his first marriage. He seems to have shown them less love and emotional support than one would expect and hope to see from a parent."

The judge said that while behaving like this Mr Stewart became a successful, wealthy property developer.

There was also evidence that he propositioned other women and sexually abused a child from about the age of four.

Lord Brailsford said the latter allegation came from an affidavit he was prepared "with hesitation" to accept as accurate.

"The assaults were plainly very serious criminal behaviour, albeit I use that characterisation very cautiously against a person who is dead and who has had no opportunity to respond," he said.

Psychiatrists told the court Mr Stewart, of Pitconnachie House, Crossford, in Fife, had a paranoid personality disorder.

But the judge said: "I am not satisfied that the pursuers have established that there were periods when the testator's paranoid personality disorder was of such delusional intensity as to deprive him of testamentary capacity. While he was - clearly a driven man and capable of ruthless and harsh behaviour at times, close examination of the evidence does not suggest that his behaviour was the result of delusional thoughts."

Garry Stewart, of Harviestoun Road, Clackmannanshire, his brother, from Essex Road, Edinburgh, Mrs Stephen, of Dundonald Street, Edinburgh, and Mrs Griffin, of Craigleith Crescent, Edinburgh, needed to show their father's will and amendments resulted from thinking that was the result of mental disorder.

"Mere antipathy towards his children, prejudice, intolerance or even caprice will not suffice," said the judge.

Mr Stewart ran Richmond Homes (Scotland) before selling the firm to his two sons and a stepson. In December 1997 the father turned up at a board meeting with his second wife, Barbara.

Calum Stewart told the court that his father erupted and said to his sons: "You pair of bastards, you've caused 30 years of misery to me, you've caused my life to be a failure."

After the meeting and abusive faxes sent by the father there was "a permanent rupture" between father and sons, the court heard. The second Mrs Stewart later died, and her widower set up a charitable trust in her name.

Mrs Stephen and Mrs Griffin had stood to inherit property under their father's will, but their legacies were revoked. Mr Stewart's first wife, Lynne Buchan, gave evidence and confirmed he was verbally and physically abusive towards her.

Mr Stewart's executors called a number of witnesses in the case, including MSP Helen Eadie. Lord Brailsford said a number of these witnesses considered Mr Stewart to be an astute businessman who was committed to the charities he supported.