Wife awarded £45k after challenging her estranged husband’s Will

A wife who was estranged from her husband has been awarded £45,000 from his estate after successfully challenging his Will.

Rebecca Armstrong Associate Solicitor reports on this recent case.

The High Court ruled that Jacqueline Syder, who remained legally married to her late husband, Calogero Palmeri, was entitled to financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

The court heard that the couple married in 2011 after Ms Syder sold her home and moved into Mr Palmeri’s property, which became their marital home. During their relationship, she invested significantly in the property. However, by 2015, the marriage had broken down, which Syder attributed to Palmeri’s infidelity and domestic abuse.

The couple had minimal contact after their separation, and Palmeri began a relationship with another woman, Ms Tolley, who moved into the former marital home in 2018.

In November 2022, following a terminal diagnosis, Palmeri wrote a new Will dividing his estate equally between Ms Tolley and his two nephews, making no provision for Syder. He also initiated divorce proceedings, although these were not finalised before his death.

As the couple were still legally married, Syder pursued a claim for reasonable financial provision as a surviving spouse. District Judge Philip Mantle ruled that Palmeri’s Will failed to make reasonable provision for her.

“The claimant should expect to receive a share of the matrimonial home despite the fact that the property was brought into the marriage by the deceased, and he discharged the mortgage payments following separation,” Judge Mantle stated.

The court awarded Syder £45,000, acknowledging her contribution to the property during the marriage and her entitlement under the law.

If you would like more information about the issues raised in this article please contact Rebecca on 01228 516666 or click here to send her an email.