Inheritance in a gay relationship

The government may be forced to pay back millions in inheritance tax to bereaved gay partners because they were not offered the same exemption from the tax as married partners. Under the Human Rights Act, which came into force in October , lawyers believe surviving gay partners may be able to claim back inheritance tax collected on their partners' death if a test case is successful. Solicitor Clive Margrave-Jones and Financial Planners Ltd are putting together a group of individuals who have been affected by tax rules to challenge the law that allows widows and widowers but not gay partners to inherit the other partner's property free of inheritance tax. This says the present law discriminates against gay couples without justification and is incompatible with the European convention on human rights.
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Inheritance Rights for Same Sex Couples

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Gay couples' case to test inheritance law | Gay finance | The Guardian

Justice Anderson Chow said the differential treatment accorded to same-sex couples under two inheritance ordinances was unjustified. The traditional institution of heterosexual marriage would not be undermined by offering same-sex couples the same benefits, the judge said in his ruling on an application for a judical review. Judicial reviews are considered by the Court of First Instance and examine the decision-making processes of administrative bodies. Issues under review must be shown to affect the wider public interest. Ng purchased a subsidised Home Ownership Scheme flat in Hong Kong in but his husband was not recognised as joint owner under existing Housing Authority policy. Amid concerns that his spouse would not be able to inherit the flat in the absence of a will, Ng filed the legal challenge. In March, a Housing Authority policy that barred same-sex couples who had married overseas from applying for public housing was ruled unconstitutional and unlawful by the Court of Appeal.
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Gay couples' case to test inheritance law

The Constitutional Court has given us the answer: it depends on your sexual orientation. Last week the Court handed down its decision in the case of Laubser v Duplan : the partner in a same sex couple can inherit if the deceased partner did not leave a will intestate , even if not married. Heterosexual life partners, however, cannot inherit from an intestate partner unless they were married.
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Inheritance in England and Wales is generally determined by either a Will or the intestacy rules. The Inheritance Act also offers specific protection to those who are married or in a civil partnership or where someone was cohabiting or being financially maintained by the deceased. In , just over 1 million 2. The population most likely to identify as falling within this group were between the ages of 16 — 24, with more males than females identifying as LGB.
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