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IFAs lead rights&#39 litigation onslaught

The Government faces a flood of litigation claims demanding equal rights on taxation and pensions as the Human Rights Act comes into force this week.

IFAs are at the centre of moves to win better treatment for their clients.

Among the areas to be contested are the compulsory annuity purchase requirements, spouse pensions and inheritance tax rules.

The Compulsory Annuity Purchase Protest Alliance is planning to launch a test case to prevent pensioners having to buy an annuity with their pension pot by 75.

Gay rights activists are hitting the courts with challenges over gay couples&#39 pensions rights. Currently, gay couples are not recognised by British tax legislation, leaving them unentitled to a spousal pension in the event of a death of one of the partners.

The Act, which incorporates the European Convention of Human Rights, became law in England, Wales and Northern Ireland on Monday. It opens the door for a number of financial services cases which will aim to show the Government is discriminatory in terms of age and sexual orientation. The act has been part of Scottish law since devolution last year.

Massow Financial Services founder Ivan Massow is in talks with a gay pop star client over taking litigation concerning inheritance tax. Under current legislation, his client&#39s partner could be liable to a hefty inheritance tax bill in the event of his death while married couples are exempt.

Massow says: “The Government have put aside £60m to handle the increased legal bill but that is going to be nothing in terms of the possible tax and pension repercussions that people should be entitled to.”


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