Inaction better than action?

THE DECISION IN Judge & Judge (Exors of Walden deceased) v IRC (SpC506) was released on
5 October 2005. The Special Commissioner Dr Nuala Brice considered whether the Will of Mr Thomas Walden created an interest in possession in his home — 30 Perrymead Street Fulham — in favour of his wife Mrs Pamela Ida Alma Walden.
The property had been owned by Mr Walden in his sole name and the point at issue was that if Mrs Walden had a right to occupy the property she would then (following the decision in Lloyds Private Banking v CIR [1998] STC 559) have an interest in possession in the property and its value would be correspondingly subject to inheritance tax on her death (per IHTA 1984 s 49(1)).
Mr Walden died on 28 January 2000 and the terms of clause 3 of...