https://www.taxtmi.com/caselaws?id=7665 Under section 5 of the Estate Duty Act, the critical test is whether death effects a real change in the beneficial possession or enjoyment of trust property or a definable part of it. Where the trust deed showed that the deceased beneficially enjoyed one-third of the income, and the remaining interests continued unchanged for the other beneficiaries, only that one-third share was treated as the property passing on death. A contingent or defeasible interest becoming vested or more secure on death did not by itself amount to passing of the whole trust estate. en-us Thu, 03 Oct 1968 00:00:00 +0530 Tue, 17 Mar 2009 11:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7665 Under section 5 of the Estate Duty Act, the critical test is whether death effects a real change in the beneficial possession or enjoyment of trust property or a definable part of it. Where the trust deed showed that the deceased beneficially enjoyed one-third of the income, and the remaining interests continued unchanged for the other beneficiaries, only that one-third share was treated as the property passing on death. A contingent or defeasible interest becoming vested or more secure on death did not by itself amount to passing of the whole trust estate. Case-Laws Income Tax Thu, 03 Oct 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7665