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European Parliament resolves to protect gay couples’ inheritance rights

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  1. Robert in S. Kensington 14 Mar 2012, 5:18pm

    Now, doesn’t this make the push for full civil marriage quality across the EU imperative. We in the UK don’t yet have marriages for gay couples,but CPs that aren’t legal marriages. How is this going to help gay couples living in countries that have no legal unions of any kind? Mandatory civil marriage equality should be the norm across the entire EU and a prerequisite for membership for all newcomers to the union.

  2. Robert – agree, if I have a British marriage then that marriage can be easily intepretated in all EU countries. But what is the equivalent of a British CP?

    You may be able to equate a CP to a PACS in France for example but in Italy, Poland they only have marriages and have nothing for gay couples.

    CP/civil unions/registered partnerships are so diffiuclt to intperet and what tax rates should be applied on the inheritance. Not all apply the same tax rates as for married couples.

  3. Bruno (LGBT Intergroup) 15 Mar 2012, 9:32am

    Unfortunately EU law says that countries are the only ones to define their family law, including marriages and partnerships.

    The EU will never be able to impose same-sex marriage or partnerships, but we can ensure that existing ones are respected when moving around the EU.

  4. Tom Rigg in Xativa 16 Mar 2012, 10:23am

    Perhaps I am missing something here!!! What good do European adopted resolutions do when they are ignored and not enforced by member states. In 2008, I moved to Spain with my partner of 37 years, we took every precaution to ensure that we complied with all of the legal requirements for living in Spain. The only thing we did not check was whether civil partnerships are accepted in respect of inheritance tax. They are not recognised by the Valencian government where we chose to live. Unfortunately my partner died in June 2011and I have just finalised payment of a ridiculous amount of inheritance tax as the legal system here in Valencia consider me and my civil partner to be single.

    1. My partner and I are in the same position. We have lived in the Valencian Community for several years. We obtained UK Civil Partnership four years ago but the Valencian tax authorities do not recognise this for Succession tax purposes. Furthermore, we are prevented from marrying in Spain as the UK Consulate refuse to issue the required “certificate of no impediment” as they maintain that our Civil Partnership status prevents them from doing so.

    2. It is correct to say that Valencia, unlike other regions, do not recognise UK civil partnerships for the purpose of Inheritance Tax.
      The solution would be to marry in Spain but the UK foreign office prevents this as it has instructed its Consulates not to issue the required ” Certificate of no Impediment” on the basis that Civil Partners cannot enter into another legal relationship.
      A Civil Partner resident in the Valencian Community could face crippling tax charges on the death of the other partner.

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