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Damning court judgment overturns dying man's $500k bequest to ex-lover

Author
Lane Nichols,
Publish Date
Sun, 15 Dec 2024, 2:19pm
Frank Lane signed a will in his hospital bed. Photo supplied
Frank Lane signed a will in his hospital bed. Photo supplied

Damning court judgment overturns dying man's $500k bequest to ex-lover

Author
Lane Nichols,
Publish Date
Sun, 15 Dec 2024, 2:19pm
  • Frank Lane鈥檚 will was declared invalid due to his lack of capacity and undue influence.
  • Ex-lawyer Jinyue (Paul) Young faces prosecution for his role in drafting the manipulated will.
  • Xinfeng (Lily) Li is accused of manipulating Lane to gain $500,000 from his estate.

An 鈥渋ncompetent鈥 ex-lawyer videoed drafting a dying man鈥檚 will is facing prosecution amid a damning court decision revealing the document was manipulated by a 鈥渄evious鈥 former lover who stood to gain $500,000.

Frank Lane, 78, died in May last year from advanced bladder cancer. A court heard he fathered six children to three different partners and 鈥渓iked to have sexual activity with a number of women鈥.

Lane also had a 鈥渟exual relationship鈥 with Xinfeng (Lily) Li - a much younger and longstanding friend described in court as having worked in the sex industry - a claim she denies.

Lily Li at her home in New Windsor. Photo / Dean Purcell
Lily Li at her home in New Windsor. Photo / Dean Purcell

On April 8 last year, Lane was filmed in his hospital bed signing a will setting out the final division of his property and cash assets.

Frank Lane signing a will in his hospital bed prepared by ex-lawyer Jinyue (Paul) Young. Photo supplied
Frank Lane signing a will in his hospital bed prepared by ex-lawyer Jinyue (Paul) Young. Photo supplied

Several other people in the room stood to benefit from the estate, including Li and Lane鈥檚 son James.

Lane鈥檚 eyes remain closed for much of the video. Many of his answers are unintelligible and he appears to fall asleep.

Frank Lane signed a will in his hospital bed prepared by ex-lawyer Jinyue (Paul) Young. The will has subsequently been ruled invalid, and Young is facing a criminal charge. Photo supplied
Frank Lane signed a will in his hospital bed prepared by ex-lawyer Jinyue (Paul) Young. The will has subsequently been ruled invalid, and Young is facing a criminal charge. Photo supplied

Jinyue (Paul) Young also appears in the video, describing himself as a 鈥渓awyer of the High Court鈥. He produces a will template and then fills in the document while asking 鈥渓eading questions鈥 of Lane and taking instructions from Li and James.

Frank Lane signed a will in his hospital bed. Photo supplied
Frank Lane signed a will in his hospital bed. Photo supplied

A High Court decision handed down last week by Justice Peter Churchman has slated Young鈥檚 role in creating the will, which has now been declared invalid due to Lane lacking 鈥渢estamentary capacity鈥 when it was signed and being subject to undue influence.

The decision sets out the family鈥檚 troubled history, saying they suffered numerous health issues, the children were mostly dependent on Lane and his two Kingsland properties, and often lived on benefits.

During a hearing last month, daughter Tania described Lane鈥檚 relationship with Li.

鈥淪he said that Frank was a driver for Lily and many other female friends and used to drive them to a massage parlour where they worked as escorts,鈥 the decision says.

鈥淸Tania] acknowledged that Frank and Lily had a sexual relationship during the early years after they met but expressed the view that those relations were 鈥榯ransactional in nature鈥 as they occurred during the time that Lily was working in the sex industry.鈥

Lane also helped Li with her English and coached her on 鈥済etting rich husbands鈥.

The court heard Lane had prepared an earlier will in 2010 that split his estate equally among his children, barring one who was left with nothing.

As Lane鈥檚 health deteriorated last year, it was decided that a new will would be drafted. Li arranged for Young to come to hospital and prepare the new will.

鈥楿nprofessional, negligent and incompetent鈥

Frank Lane signed a will in his hospital bed prepared by ex-lawyer Jinyue (Paul) Young (pictured). The will has subsequently been ruled invalid and Young is facing a criminal charge. Photo supplied

Frank Lane signed a will in his hospital bed prepared by ex-lawyer Jinyue (Paul) Young (pictured). The will has subsequently been ruled invalid and Young is facing a criminal charge. Photo supplied

Justice Churchman describes Young鈥檚 legal career as 鈥渂rief and ignominious鈥, saying he appeared to have begun legal studies 鈥渓ate in life鈥.

Young, 68, had earlier been suspended due to disciplinary proceedings and retired from practice in 2018.

The Lawyers and Conveyancers Disciplinary Tribunal described Young as seriously 鈥渦nprofessional, negligent and incompetent鈥.

His deficiencies demonstrated a 鈥減aucity of pertinent skills that reflects on his fitness to practise鈥.

Justice Churchman鈥檚 decision said there was evidence Lane was 鈥渃onfused鈥 and 鈥渄elirious鈥 in the days leading up to the will signing, with nurses refusing to witness the document due to concerns about his competence.

The decision says that after arriving at the hospital, Young walked around the ward looking for a Chinese man, as 鈥渉e thought that Frank would be Chinese鈥.

Young brought a Chinese booklet titled How to Believe in Jesus, saying he hoped to convert Lane to Christianity before drafting his will.

The judge said the template Young used was 鈥済rossly inadequate鈥 and the final will had 鈥渦nusual features鈥, including not recording Lane鈥檚 middle name or occupation.

Young鈥檚 answers during cross-examination indicated 鈥渢he depths of [his] ignorance鈥, the judge said, and 鈥渨hat can happen when you put a leading question to a sick, confused, elderly man鈥.

Former lover suggests dying man bequeath her $500,000 during will preparation
In the video, Young asks Lane how much he wants to put towards Li鈥檚 mortgage, with Li then suggesting several figures to her friend before settling on 鈥500 thousand鈥.

The judgment says this would have exhausted all Lane鈥檚 available cash, leaving nothing for the other beneficiaries.

It notes that Lane鈥檚 obligations were clearly owed to his children, and 鈥渋t is difficult to find a rational explanation for the $500,000 bequest to Lily鈥, whose financial situation was 鈥渕uch better鈥.

Li owns four Auckland properties, over which she has a $2 million mortgage.

Xinfeng (Lily) Li at her home in New Windsor. She is accused of manipulating Lane to gain $500,000 from his estate. Photo / Dean Purcell
Xinfeng (Lily) Li at her home in New Windsor. She is accused of manipulating Lane to gain $500,000 from his estate. Photo / Dean Purcell

Justice Churchman said the video evidence showed Young clearly regarded Li as his client - rather than Lane - and that Lane lacked capacity to understand what was happening.

The judge was satisfied Li actively manipulated Lane during the will process and that she was 鈥渄evious鈥 in the period after his death, pretending to be his daughter while trying to get a death certificate from medical staff.

The most 鈥済raphic evidence鈥 of undue influence came from the video.

鈥淟ily is directly interacting with Frank including holding his hand and thanking him for his bequest to her. It is clear that the will is not the product of Frank鈥檚 free will but largely the product of the influences exerted by Lily and James.鈥

The Law Society has now laid a criminal charge against Young under the Lawyers and Conveyancers Act, alleging he provided legal services while describing himself as a lawyer.

A spokesman said Young had not held a practising certificate since it expired in June 2018.

Young has pleaded not guilty and will reappear in Auckland District Court next year.

Evolution Lawyers director Thomas Bloy acted for James, who was the successful applicant.

He describes Young as 鈥渁 menace to the legal profession鈥 who acted in an 鈥渋ncompetent and grossly negligent manner, consistent with the type of conduct that had him twice suspended from legal practice鈥.

Bloy said he was thrilled with the result, but unhappy Lane鈥檚 family had to endure a protracted court battle.

鈥淎ny reasonable person who watches that video ought to conclude that the will Mr Young drafted cannot stand.

鈥淵ou don鈥檛 need to be a doctor or lawyer to observe Frank鈥檚 confusion and the undue influence of those in the room.鈥

鈥楳isled by the evil power鈥

In a statement to the Herald, Young denied describing himself as a lawyer or providing legal services, and indicated he would fight the criminal charge, claiming it was a 鈥渕alicious attack鈥 by the NZ Law Society.

He said he was 鈥渟hocked to hear Frank gave half a million to Ms Li鈥 and double-checked with the dying man by asking 鈥渁re you sure?鈥

But Young said he was certain Lane had a 鈥渃lear mind鈥 at the time the will was drafted.

Young said he asked for the process to be recorded as evidence of Lane鈥檚 competence and did not believe the beneficiaries鈥 presence caused any undue influence.

He claimed his previous suspension history was irrelevant to the validity of the will.

He urged the Herald to 鈥渟tand up for justice and truth rather than be misled by the evil power鈥.

鈥楴o one could manipulate him鈥

In an urgent affidavit filed this week, Li denied the allegations made against her and indicated she intended to appeal the finding.

Though she owns four properties, she said she was struggling financially trying to raise two children without support from their fathers.

Her current partner watched television all day and spent his meagre earnings on 鈥渆xpensive whisky鈥.

She claimed she had spent $150,000 on legal fees and was working seven days a week to survive, while growing vegetables and getting bread from a food bank.

She and Lane had a 鈥渟pecial relationship鈥, which is why he wanted to draft a new will to support her, she claimed.

鈥淲e had happy time together for the last 20 years. We understood each other very well. We were the best of friends/soul mates, very very close family members.鈥

Lane鈥檚 mind was 鈥渉ard to change鈥, she said.

鈥淣o one could manipulate him.

鈥淭here is no evidence to support Frank鈥檚 lack of testamentary capacity and undue influence, all are opinions. How could some people鈥檚 opinions deny an old man last true wish/intention?鈥

Li told the Herald she was a trained nurse and never worked in the sex industry.

Frank knew she was a good manager of money, which is why he wanted to leave her $500,000.

鈥淔rank knew if the money is in my hand I will help his children.鈥

She was forced to sell a property in China to fund her legal fees and would now borrow money from family and friends to finance the appeal.

Fortune tellers told her she would win the case 鈥渂ecause we are right鈥.

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