header-logo header-logo

01 May 2008
Issue: 7319 / Categories: Legal News , EU , Wills & Probate , Human rights
printer mail-detail

Siblings lose inheritance tax battle

News

Two elderly sisters have lost their European Court of Human Rights’ appeal against inheritance tax liability.

Joyce and Sybil Burden— both in their 80s—have shared the house they inherited from their father for 30 years. They appealed to the Grand Chamber to overturn the ruling of the lower court that they should be liable for inheritance tax when one dies. The unmarried sisters claimed they were victims of discrimination since they are prevented by law from entering into a civil partnership and thus cannot take advantage of the exemption to paying any inheritance tax on the first death.

However, the Grand Chamber found by a 15-2 majority that because the sisters’ relationship was of a different nature to that of married couples and homosexual partners they had not suffered discrimination. Julian Washington, a partner at Forsters LLP, says there will be sighs of relief at the Treasury. “The Grand Chamber decided the UK government was entitled to give preferential tax treatment to spouses (and now same sex civil partners). The relationship of the two sisters was quite different: they had chosen to cohabit as siblings but they did not fall into the privileged categories which the UK was entitled to recognise,” he says.

Issue: 7319 / Categories: Legal News , EU , Wills & Probate , Human rights
printer mail-details

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll