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Last Updated: Wednesday, 13 December 2006, 06:54 GMT
Sisters lose inheritance tax case
Joyce and Sybil Burden
The Burden sisters will consider an appeal
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.

They fear the one left will have to sell their family home to pay it.

Discrimination

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.

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 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.

If that permission is granted, the Burden sisters will have a further hearing of their case.


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