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   Web Issue 3239 August 29 2008   
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Sisters lose last-ditch legal battle over inheritance tax

Two elderly sisters fighting for the same rights as married and gay couples have lost a last-ditch legal appeal for equal treatment.

In a 15-2 vote, the European Court of Human Rights in Strasbourg ruled that Joyce and Sybil Burden, who have lived together all their lives, do not face unfair discrimination under UK inheritance tax rules.

Joyce, 90, and 82-year-old Sybil have been fighting for decades to avoid crippling inheritance tax on their home in Marlborough, Wiltshire, when one of them dies.

They claimed UK inheritance tax laws breached their human rights by exempting married and gay couples from paying inheritance tax, while targeting cohabiting siblings.

But the Grand Chamber of the human rights court upheld an earlier ruling that national governments were entitled to some discretion when deciding taxation arrangements.

The decision, a major blow to the sisters, means that when one of them dies the other will have to sell their four-bedroom property to pay the 40% inheritance tax on its value above £300,000.

If they had won their case, UK inheritance tax law would have had to change, to place cohabiting couples on an equal footing with married couples and "civil partnerships" in being exempt from inheritance tax.

The sisters have been fighting the battle for decades - writing to the Chancellor of the day before every Budget since 1976.

And when the UK Civil Partnership Act of 2004 first recognised gay and lesbian couples for inheritance tax purposes, the sisters turned to the European Court of Human Rights, claiming the Act violated Human Rights Convention articles outlawing discrimination and guaranteeing the "protection of property".

In 2006 the Burdens lost the case by a 4-3 majority of the panel of seven human rights judges - although three members of the court described their plight as "awful".

But the appeal hearing, before a larger 17-member panel of human rights judges, produced a more decisive 15-2 majority against the sisters yesterday.

The ruling marks the end of the road for the sisters' legal bid. After losing the first case in 2006, Joyce Burden commented: "If we were lesbians we would have all the rights in the world. But we are sisters, and it seems we have no rights at all."

Yesterday's ruling pointed out that relationships between siblings were considered to be "of a different nature" to those between married couples and gay civil partners under the UK Civil Partnership Act.

One of the defining characteristics of a marriage or civil union under the act was that it was forbidden to close family members - and the fact that the Burdens had chosen to live together all their adult lives did not alter the "essential difference" between the two types of relationship.

When the Act came into force, gay couples had the choice to enter into a legal relationship designed by parliament to correspond as far as possible to marriage.

The judges said the legal consequences of such civil partnerships, just like those of marriages, set such relationships apart from other forms of cohabitation.

The Burden sisters vowed last night to continue lobbying parliament on the issue despite their "bitter disappointment".


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Posted by: JBlackley, Florida on 8:54pm Tue 29 Apr 08
Yep. Unfortunately, "Aww, shame!" carries no weight in a court of law.

I do feel some sympathy for the sisters but understand how difficult it would be to frame a law and to prove qualification under such a law.
Posted by: wxalexander, canada on 9:02pm Tue 29 Apr 08
Since they are so old, the best thing would be to take out an income mortgage on the house and spend the monthly income as fast as possible to reduce inheritance taxes.
Posted by: tris, scotland on 10:09pm Tue 29 Apr 08
JBlackley wrote:
Yep. Unfortunately, "Aww, shame!" carries no weight in a court of law. I do feel some sympathy for the sisters but understand how difficult it would be to frame a law and to prove qualification under such a law.

Yes I agree. It seems intolerable that a person in their later years, possibly their late 90s, would have to sell their house to pay inheritance duties just after having lost their lifelong partner.

It was wrong when it applied to gay or lesbien "married" partners, and it's got to be wrong here.

But, like you, I can't imagine how you would frame a law that would cover this particular situation, without opening it up to everyone, and undermining inheritance tax.

Perhaps the answer is remortgaging the house as suggested, even if they gave the money away.

They should see an accountant. There's usually a way round tax, as the very rich have found.

Aletrnatively I would imagine that the Tories will put up the threshold pretty steeply, which may take them out of that bracket, or at least make the payment affordable. The Tories can't be more that a couple of years away.

Posted by: Carnwarth on 10:37pm Tue 29 Apr 08
The sisters are old hands at this money game.

Their attempt to compare their situation with married couples and civil partners was a weird one and at least it has been rejected emphatically. Lesbianism is a red herring here (a big hello to all you who remember the magazine!). Miss Joyce is quoted as saying "If we were lesbians we would have all the rights in the world." - no, you wouldn't because if you were a single lesbian you would not get any tax breaks - and lesbians cannot marry or enter into a civil partnership with their sister so it would make no difference in the world whether they are lesbian, bisexual or straight - two lesbian sisters cohabiting would be in the same boat.

The separate question of whether people who are not in a state-registered intimate adult relationship is at least arguable. If someone who is not your spouse or civil partner dies their estate will be subject to inheritance tax of 40% on anything over £300,000. So what each sister is saying is "when my sister dies I'll pocket about £420,000 and her estate (not me) will have to pay £80,000 in tax" (they declared combined assets of just under £1M a couple of years ago).

Now you can feel sorry for someone who is going to pocket £420,000 of unearned cash if you like, but some would find better candidates for their sympathy. It is also a plain lie that the survivor would have ot pay the tax - that is paid from the deceased's estate (in this case at 16% of the total estate). And what tests would you apply to establish entitlement if you changed the law? Still, none of this will stop Tory idiots posting ill-informed comments about the poor old dears and how tax is a terrible thing!

Posted by: Im no really here, but over there on 10:45pm Tue 29 Apr 08
They need a good tax/trust lawyer, and should have spent the time and money used in fighting this to employ one. Problem is now, with their age, financial institutions may be wary of taking them on.

If they have no children or relatives, then sell the house to some company who will let them live there till they die. There really are lots of ways to beat this tax (e.g. the late actor Ian Richardson managed to save his family a fortune in Inheritance Tax).
Posted by: deffiny, new york on 3:03pm Wed 30 Apr 08
It is said that everyone is bi to some degree. Not sure about this. But I also heard about the same from the site BiLoves, which is exclusively for bisexuals and bicurious looking to explore their sexuality. Maybe it depends on how to define it.
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