Received new instructions today.
Last year, the client expressed an intention to buy a house in England but didn’t want her husband, Mr. Client to know. We were to handle the transaction until she sent a letter telling us that she had ‘resolved the matter’.
It turns out that she gave the money to a ‘longstanding family friend’ to purchase it on her behalf but in Mr. Family Friend’s name. Unfortunately, Mr. Family Friend died last month before he could transfer title to her.
Mrs. Family Friend has refused to pass the title to the client since her husband ‘did not tell her he bought the property for anyone’.
Mrs Client is angry and has come to the office to throw a tantrum. She wants to sue and hurl a fine dose of Zeus’ (or more appropriately, Sango’s) thunder bolts at Mrs. Family Friend. The first could be arranged though I am unsure about the second.
Unfortunately, suing will bring Mr. Client in the know. She does not think Mr. Client would be inclined to pat her on the back for hiding this from him.
She wants her lawyers to advise her. I could tell her in one sentence to tell her husband and maybe mediate or conciliate with Mrs. Family Friend. Plain-short has however instructed that I write a four-page opinion telling her the same thing and send her a bill.
I could also tell her that she could have avoided this by executing a trust deed with Mr. Family Friend or some other legal means but it would ring much of ‘we told you so’.