Commentary

I5.147 Enjoyment of assets as an IIP

IHT, trusts and estates

I5.147 Enjoyment of assets as an IIP

I5.147 Enjoyment of assets as an IIP

A beneficiary may have the use or enjoyment of land or chattels comprised in settled property, either under the beneficial trusts or under some exercise of a power. It might be thought that the question of whether there is an interest in possession (IIP) in assets could be resolved by using the test of whether there is an interest in possession in non income-yielding property suggested in I5.146 — a person has an interest in possession in property if he would be entitled to receive the income if there were any.

It is possible for someone to have the use of property but not to be entitled to the income. An example is a beneficiary under a discretionary trust who is permitted but not entitled to enjoy trust assets.

Rights of residence have been the subject of a number of cases over the years:

  1.  

    •     Woodhall1 — an IIP existed where a testator allows his children to reside in his house after his death

  2.  

    •     Cook2 — an IIP existed where a widower was allowed to occupy one of two flats (where the other was let)

  3.  

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