This is classically regarded, for IHT purposes, as the ‘present right to present enjoyment’ of property, even if subject to the possibility of a later appointment away (see Pearson v IR Commrs [1980] Ch 1). There is no such right if the enjoyment is subject to a power to accumulate which may put a stop to it (as in Pearson). HMRC may attempt to show that even where there is merely permissive occupation, as in Sansom v Peay (HMIT) (1976) 52 TC 1, there is nevertheless an interest in possession for IHT (see SP 10/79). This statement points to the following features as indicating in HMRC’s view, an interest in possession:

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