IHTM04272 - Foreign settled property: when the settlement was made
The legislation refers to the settlor鈥檚 domicile (IHTM13000) 鈥榓t the time when property first became comprised in the settlement鈥�. You should proceed on the basis that, for any given item of property (IHTM04030) held in a settlement, the settlement was made when that property was put in the settlement. Refer any case where this view is challenged to Technical.
Example
Sabina, when domiciled in Spain, transfers a house in Spain into a new settlement. Later she acquires a UK domicile and then adds some Australian property to the settlement.
The Spanish property is excluded property because of Sabina鈥檚 non-UK domicile when she settled that property. However, the Australian property is not excluded property as Sabina had a UK domicile when she added that property to the settlement.