header-logo header-logo

01 May 2008
Issue: 7319 / Categories: Legal News , EU , Wills & Probate , Human rights
printer mail-detail

Siblings lose inheritance tax battle

News

Two elderly sisters have lost their European Court of Human Rights’ appeal against inheritance tax liability.

Joyce and Sybil Burden— both in their 80s—have shared the house they inherited from their father for 30 years. They appealed to the Grand Chamber to overturn the ruling of the lower court that they should be liable for inheritance tax when one dies. The unmarried sisters claimed they were victims of discrimination since they are prevented by law from entering into a civil partnership and thus cannot take advantage of the exemption to paying any inheritance tax on the first death.

However, the Grand Chamber found by a 15-2 majority that because the sisters’ relationship was of a different nature to that of married couples and homosexual partners they had not suffered discrimination. Julian Washington, a partner at Forsters LLP, says there will be sighs of relief at the Treasury. “The Grand Chamber decided the UK government was entitled to give preferential tax treatment to spouses (and now same sex civil partners). The relationship of the two sisters was quite different: they had chosen to cohabit as siblings but they did not fall into the privileged categories which the UK was entitled to recognise,” he says.

Issue: 7319 / Categories: Legal News , EU , Wills & Probate , Human rights
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll