Sisters fight 'gay bias' on death tax
Two elderly sisters who face a massive inheritance tax bill have taken their case to the European Court of Human Rights, accusing the Government of discrimination against heterosexuals.
The landmark case is the first of its kind since the law was changed to give gay and lesbian partners the same inheritance rights as married couples.
Joyce Burden and her sister Sybil, both in their 80s, spent decades looking after their parents and inherited the family home, near Marlborough in Wiltshire, five years ago. Under current law, if one of them dies, the other will face a crippling inheritance tax bill of £236,000 on their £875,000 home. The massive bill would mean they would have to sell the property.
Joyce, 88, said: "If we were a lesbian couple, we would not be facing massive inheritance bills. It's clear we will not get any justice in this country, so we're going to the European Court of Human Rights. It has cost us £8,000 in fees since we started our legal battle last year, but we stand to lose a lot more if we don't try to fight to keep our home.
"This is an insult to single people who have looked after elderly parents. The fear that we could lose our home has stopped us enjoying our old age. We have been trying various legal challenges for 30 years to get the law changed, and if we win this case it could open the way. The Government has already had the case put back twice. I think it is just hoping one of us will die before it comes to court."
The sisters worked as landgirls on their father's farm during the War, have lived together all their lives and have made wills in favour of each other.
Property left by one spouse to the other or inherited by a civil partner is exempt from tax. But under current law, close relatives, such as siblings and descendants, are not eligible to register as civil partners.
At the hearing on September 12, the sisters' lawyer will argue that the inheritance tax laws breach their right to enjoy their property under the first protocol to the Human Rights Convention, in addition to the anti-discrimination provisions of Article 14.
