Lillis wins asset ownership case

The High Court has ruled Eamonn Lillis is entitled to a half-share in those assets jointly owned by himself and his late wife Celine Cawley, including the couple's family home in Howth.

The other half share goes to the estate of the late Ms Cawley.

The assets also include an apartment in Sutton with an estimated value of €190,000-€200,00 and several investments worth some €68,000. Another property in France is the subject of separate legal proceedings yet to come before a French court.

Ms Cawley's sister, Susanna, and her brother Christopher, as joint administrators of her estate, had, along with Georgia Lillis, daughter of the couple, sought orders preventing Lillis securing any interest in assets that were jointly owned by the couple.

In refusing their application today, Ms Justice Mary Laffoy said, in the application of the relevant rules and principles of law concerning jointly owned assets, the court "had no element of discretion".

In the absence of legislation empowering the court to interfere with Lillis's existing rights at the date of Ms Cawley's death, she had no power to interfere with those rights, the judge added.

In those circumstances, the judge found, on the date of Ms Cawley's death, the couple's jointly owned assets became vested, upon a constructive trust, as to one half share for Eamonn Lillis in his own right with the other half share becoming part of Ms Cawley's estate.

Lillis (53) is serving a sentence of six years and 11 months sentence at Wheatfield Prison for killing his wife with a brick at their home in Howth, Co Dublin, in December 2008.

The plaintiffs, who were in court today, had sought a ruling that, as a result of his actions, Lillis is not entitled to any interest in the assets which they argued should fully transfer to Georgia.

Lillis, who did not attend today's hearing, is legally prevented from inheriting any of his wife’s assets because he was convicted of killing her.

After giving judgment, the judge asked the parties to enter into discussions in relation to the joint assets, including if they are to be sold or not.

During the hearing, the court was told the effect of Lillis having an interest in the assets, including the family home, would bind two people together in circumstances where Georgia Cawley had said in an affidavit she would rather have "pins stuck in her eyes" than have her father "come within six miles of her home".

Georgia Lillis had in her affidavit also denied claims by Lillis that she had entered into an agreement with her father that he could return to the family home after his release from prison. She had only visited him once since he was sent to prison and did not intend to visit him again, she said.

She also expressed her deep hurt over the actions of her father and said her life would be blighted by her mother's loss. She had sought answers from her father over what had happened but got none and she no longer felt a duty towards him, she said.

Eamonn Lillis did not assert any claim over his late wife's interest in the jointly held assets but sought a declaration he is entitled to a 50 per cent share of the said assets.

In affidavits to the court, Lillis expressed his regret over the events leading up to, during and after the death of his wife. He said his only concern was for his daughter's welfare and he wanted to maintain as close a relationship as possible with her.

His daughter was his "only reason for living", he said.