The Issues

Mr Lilleyman died aged 64, leaving a widow to whom he had been married for 2 ½ years at death, following a period of cohabitation of approximately 18 month.  Both Mr and Mrs Lilleyman had been married previously and Mr Lilleyman had 2 sons, who were executors and beneficiaries under the terms of his will.

Mr Lilleyman’s estate was worth in the region of £6m, of which £5m was made up of shareholdings in 3 private companies.  He left almost the entirety of his estate to the defendants, with Mrs Lilleyman bequeathed conditional rights of occupation in the matrimonial home and a holiday home.  He had also set up an annuity for Mrs Lilleyman of £378 per calendar month.  Mrs Lilleyman had assets of £400,000 and an income of £11,000 per annum.

Mrs Lilleyman argued that reasonable provision under the Inheritance Act should include a substantial share of matrimonial property in excess of her reasonable needs. The defendants argued that provision should be limited to her reasonable needs.