Headline:
IHT, challenged by two sisters in the European Courts
Description:
Two elderly sisters who have lived together all their lives are challenging UK inheritance tax laws in the European courts because they are not exempt from the rules like married or same-sex couples.
Joyce and Sybil Burden, aged 88 and 80 respectively, have lived together since birth and jointly own their home in Marlborough, Wiltshire. It is valued at £875,000. But under IHT rules, if one of them dies the other will be hit with a large tax bill which the sisters fear would mean selling the house to foot the costs.
As a result, the women are taking their case to the European Court of Human Rights. They have been writing to the chancellor every year requesting that cohabiting siblings be made exempt from IHT but to no avail.
They decided to go to Strasbourg after the introduction of the Civil Partnership Act 2004 which extended exemption rights to gay and lesbian couples but not cohabiting family members.
Lawyers for the sisters argue they are being discriminated against under the terms of the European Convention of Human Rights and that unmarried sisters living together as long as the Burdens should be given the same rights as married or same-sex couples.
The court will today discuss the "merits and admissibility" of the legal action. If judges decide the case can precede, it could take years before a verdict is reached.
source: accountingweb
Joyce and Sybil Burden, aged 88 and 80 respectively, have lived together since birth and jointly own their home in Marlborough, Wiltshire. It is valued at £875,000. But under IHT rules, if one of them dies the other will be hit with a large tax bill which the sisters fear would mean selling the house to foot the costs.
As a result, the women are taking their case to the European Court of Human Rights. They have been writing to the chancellor every year requesting that cohabiting siblings be made exempt from IHT but to no avail.
They decided to go to Strasbourg after the introduction of the Civil Partnership Act 2004 which extended exemption rights to gay and lesbian couples but not cohabiting family members.
Lawyers for the sisters argue they are being discriminated against under the terms of the European Convention of Human Rights and that unmarried sisters living together as long as the Burdens should be given the same rights as married or same-sex couples.
The court will today discuss the "merits and admissibility" of the legal action. If judges decide the case can precede, it could take years before a verdict is reached.
source: accountingweb
Date:
12.09.2006
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