Myerson Solicitors, a law firm based in Altrincham, Cheshire, has 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 own home and relocated to move into 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 martial 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 in 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 stating 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 on the basis that 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 matrimonial 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.
Ms Syder, the Claimant, was represented by Partner Jennifer McGuinness and Associate Solicitor Katie Hayes of Myerson Solicitors. She was represented at trial by barrister Arianna Barnes of 23 Essex Street Chambers.Reflecting on the judgment, Myerson’s Jennifer McGuinness said:
“We are pleased to have secured a positive outcome for our client in what was a sensitive case. This judgment emphasises that the circumstances surrounding termination of marriage by death compared with a breakdown of relationship are “undeniably different”. The position is often misunderstood. The approach to these sorts of cases is nuanced and fact sensitive. We hope this outcome brings Ms Syder some security and peace of mind; it has been a pleasure to work with her.”
Ms Syder commented:
“During the process, I did at times find myself emotionally overwhelmed and stressed; however, the contentious probate team at Myerson went above and beyond to support me and guide me through the options, giving me time to evaluate my position. Collectively they made me feel supported and confident in my claim”.
Although this case was ultimately resolved at trial, it is worth noting that most contentious probate matters are settled out of court through mediation and direct negotiations. According to the Ministry of Justice Family Court Statistics, only 122 contested probate cases went to trial in 2023, a slight increase from 116 cases in 2022. However, it is estimated that as many as 10,000 will disputes arise each year in England and Wales.
