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Myerson Solicitors are proud to share that we have successfully acted for a Claimant in seeking reasonable financial provision from her estranged husband's estate under the Inheritance (Provision for Family and Dependants) Act 1975.
District Judge Philip Mantle, sitting in the High Court of Justice in the Business and Property Courts in Birmingham, delivered judgment in Syder v Saladino & Ors on 21 October 2024. He awarded the Claimant, Jacqueline Syder, £45,000 from the estate of her estranged husband, Calogero Palmeri.
Ms Syder and Mr Palmeri met in 2008 and married on 7 June 2011. During their relationship, Ms Syder sold her home and relocated to a property owned by Mr Palmeri, which would serve as the marital home. During their cohabitation, Ms Syder invested significantly in that property.
By 2015, the relationship between the parties had broken down, and Ms Syder moved out of the marital home. Ms Syder's evidence was that the breakdown of the relationship was due to Mr Palmeri's infidelity and domestic abuse.
The parties remained in infrequent contact until 2020.
In 2017, Mr Palmeri commenced a relationship with Ms Tolley. Ms Tolley moved into the former marital home in 2018.
In November 2022, after being informed that he was terminally ill, Mr Palmeri executed a Will dividing his residuary estate into three equal parts between his two nephews and Ms Tolley. No provision was made for Ms Syder.
In addition to preparing the new Will, Mr Palmeri also sought to formally divorce Ms Syder.
Solicitors acting for him wrote to Ms Syder, informing her that formal divorce proceedings had been issued and asserting, on behalf of their client, that there was an expectation that Ms Syder would not be making a financial claim as part of the divorce.
Ms Syder replied that a clean break would be appropriate; however, a degree of financial disclosure would be required.
Ms Syder did not have any legal representation in relation to the proposed divorce.
Mr Palmeri sadly died before the divorce could be finalised. As a result, they remained legally married, and Ms Syder's claim for reasonable financial provision from the estate proceeded because she was a spouse.
DJ Mantle found that Mr Palmeri's Will had not made reasonable provision for Ms Syder, noting particularly that Ms Syder should expect to receive a share of the marital home despite the fact that the property was brought into the marriage by Mr Palmeri only and he discharged the mortgage payments following separation.
The case raises some interesting legal points surrounding the categorisation of a property occupied by a married couple as the "matrimonial home" and the position where a surviving spouse has seemingly agreed not to seek a financial award when contemplating divorce.
