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Sisters lose inheritance tax case | Sisters lose inheritance tax case |
(about 3 hours later) | |
Two elderly sisters have lost a legal battle to win the same inheritance tax rights as married and gay couples. | Two elderly sisters have lost a legal battle to win the same inheritance tax rights as married and gay couples. |
Judges at the European Court ruled against the women, from Wiltshire, by a majority of four to three, but with strong dissenting judgements. | |
Joyce Burden, 88, and her sister Sybil, 80, were "bitterly disappointed", said Emma Stradling, their legal executive. | |
The sisters have lived together since birth but if one of them dies the other will face a large inheritance tax bill. | The sisters have lived together since birth but if one of them dies the other will face a large inheritance tax bill. |
They fear the one left will have to sell their family home to pay it. | They fear the one left will have to sell their family home to pay it. |
Discrimination | Discrimination |
They decided to take action in the wake of the Civil Partnership Act 2004. | They decided to take action in the wake of the Civil Partnership Act 2004. |
It granted the same rights to gay and lesbian couples that married couples enjoy, but not to family members. | It granted the same rights to gay and lesbian couples that married couples enjoy, but not to family members. |
If a husband or wife dies then the estate passes to the surviving spouse without them being forced to pay tax. | If a husband or wife dies then the estate passes to the surviving spouse without them being forced to pay tax. |
The Burden sisters say this amounts to discrimination under the terms of the European Convention of Human Rights. | The Burden sisters say this amounts to discrimination under the terms of the European Convention of Human Rights. |
The sisters will now consider an appeal to the Grand Chamber. | |
The procedure for appeal allows any party to a case, within a period of three months from the date of a judgement, to apply to the Grand Chamber for permission to appeal. | The procedure for appeal allows any party to a case, within a period of three months from the date of a judgement, to apply to the Grand Chamber for permission to appeal. |
If that permission is granted, the Burden sisters will have a further hearing of their case. | If that permission is granted, the Burden sisters will have a further hearing of their case. |
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