If it were a film script it would read as a black comedy; a dying man in a hospital ward surrounded by six people, with four having a vested interest in benefitting from his estate, while a suspended and now retired lawyer makes a ham-fisted effort of drafting a new will taking little interest in his supposed client now slumbering in the bed beside him.
In the High Court, Justice Churchman ruled invalid this will signed by Frank Lane four weeks prior to his 2023 death. The will left $500,000 to his sometime mistress Xinfeng Li (known as Lily) and made bequests to Lily’s son, while cutting some of his own children out of his estate.
On his death, Mr Lane owned two run-down properties in Auckland suburb of Kingsland plus bank accounts holding about $650,000.
He had six children, fathered with three women. Lily knew Frank for nearly twenty years. Early in their relationship she worked in the sex industry, later training for what was described as a cosmetic nurse. They never lived together. Lily was not the mother of any of Frank’s children.
With Frank in hospital, gravely ill with bladder cancer, Lily arranged completion of a new will.
The High Court was told of Lily bringing in a mandarin speaking lawyer called Paul Young to assist.
Mr Young was described as having qualifications in marine science from Taiwan and theology from the United States. He qualified in New Zealand as a lawyer in 2013, retiring five years later after suspension from practice for professional incompetence.
The High Court was to learn he had very limited experience in drafting wills. Under cross-examination in court over his role in preparing Mr Lane’s will, he struggled to explain the basic concepts.
Two phone videos of Mr Young’s bedside consultation with Mr Lane saw Lily, together with Mr Lane’s son James, dominating proceedings with Mr Young putting questions to Mr Lane seeking yes/no answers as to what should happen to his assets. At times Mr Lane had to be nudged awake to provide an answer. Mr Young and Lily conducted side conversations in mandarin, with no explanation or translation provided to Mr Lane.
The document, when finalised, was incomplete and in parts inconsistent.
Lily took the liberty of amending the will after it was signed to make it clear that the $500,000 bequest went to her personally and was not to be shared with her spouse.
Justice Churchman ruled it was clear Lily was the client, not Mr Lane. Lily brought two of her acquaintances to the meeting, to witness Mr Lane’s signature.
Justice Churchman ruled Mr Lane lacked legal capacity in April 2023 to make a valid will. Hospital records at the time described Mr Lane as being delirious and aggressive. He had been sedated for his own safety and for the safety of hospital staff.
With the 2023 will ruled invalid, an earlier 2010 will stands as Mr Lane’s final will.
This will divides his estate between five of his six children.
Evidence was given that at time of Mr Lane’s death, Lily held considerable net worth, owning eight mortgaged properties across Auckland.
Lane v. Li – High Court (6.12.24)
25.047