Present Interest Law and Legal Definition

Present interest is the unrestricted right to the immediate use, possession, or enjoyment of property or the income therefrom.

“The determination whether a gift is a present or future interest does not depend upon the classification of the interest conveyed. Such an undertaking would obscure judicial analysis which is limited to deciding whether the gift satisfies the test requiring that the donee receive the present right to enjoy and possess the gift.” [Estate of McClure, 221 Ct. Cl. 570 (Ct. Cl. 1979)].