An “incompetent” ex lawyer videoed drafting a dying man’s will in hospital is facing a criminal charge.
Frank Lane’s 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 “incompetent” ex-lawyer videoed drafting a dying man’s will is facing prosecution amid a damning court decision revealing the document was manipulated by a “devious” 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 “liked to have sexual activity with a number of women”.
Lane also had a “sexual relationship” 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
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’s son James.
Lane’s 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
Jinyue (Paul) Young also appears in the video, describing himself as a “lawyer of the High Court”. He produces a will template and then fills in the document while asking “leading questions” of Lane and taking instructions from Li and James.
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’s role in creating the will, which has now been declared invalid due to Lane lacking “testamentary capacity” when it was signed and being subject to undue influence.
The decision sets out the family’s 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’s relationship with Li.
“She 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,” the decision says.
“[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 ‘transactional in nature’ as they occurred during the time that Lily was working in the sex industry.”
Lane also helped Li with her English and coached her on “getting rich husbands”.
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’s 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.
‘Unprofessional, negligent and incompetent’
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’s legal career as “brief and ignominious”, saying he appeared to have begun legal studies “late in life”.
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 “unprofessional, negligent and incompetent”.
His deficiencies demonstrated a “paucity of pertinent skills that reflects on his fitness to practise”.
Justice Churchman’s decision said there was evidence Lane was “confused” and “delirious” 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 “he thought that Frank would be Chinese”.
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 “grossly inadequate” and the final will had “unusual features”, including not recording Lane’s middle name or occupation.
Young’s answers during cross-examination indicated “the depths of [his] ignorance”, the judge said, and “what can happen when you put a leading question to a sick, confused, elderly man”.
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’s mortgage, with Li then suggesting several figures to her friend before settling on “500 thousand”.
The judgment says this would have exhausted all Lane’s available cash, leaving nothing for the other beneficiaries.
It notes that Lane’s obligations were clearly owed to his children, and “it is difficult to find a rational explanation for the $500,000 bequest to Lily”, whose financial situation was “much better”.
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
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 “devious” in the period after his death, pretending to be his daughter while trying to get a death certificate from medical staff.
The most “graphic evidence” of undue influence came from the video.
“Lily 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’s free will but largely the product of the influences exerted by Lily and James.”
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 “a menace to the legal profession” who acted in an “incompetent and grossly negligent manner, consistent with the type of conduct that had him twice suspended from legal practice”.
Bloy said he was thrilled with the result, but unhappy Lane’s family had to endure a protracted court battle.
“Any reasonable person who watches that video ought to conclude that the will Mr Young drafted cannot stand.
“You don’t need to be a doctor or lawyer to observe Frank’s confusion and the undue influence of those in the room.”
‘Misled by the evil power’
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 “malicious attack” by the NZ Law Society.
He said he was “shocked to hear Frank gave half a million to Ms Li” and double-checked with the dying man by asking “are you sure?”
But Young said he was certain Lane had a “clear mind” at the time the will was drafted.
Young said he asked for the process to be recorded as evidence of Lane’s competence and did not believe the beneficiaries’ presence caused any undue influence.
He claimed his previous suspension history was irrelevant to the validity of the will.
He urged the Herald to “stand up for justice and truth rather than be misled by the evil power”.
‘No one could manipulate him’
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 “expensive whisky”.
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 “special relationship”, which is why he wanted to draft a new will to support her, she claimed.
“We 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.”
“There is no evidence to support Frank’s lack of testamentary capacity and undue influence, all are opinions. How could some people’s opinions deny an old man last true wish/intention?”
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.
“Frank knew if the money is in my hand I will help his children.”
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 “because we are right”.
