»Ê¹ÚÌåÓýapp

Where the legislation refers to the settlor’s domicileÌý(IHTM13000) ‘at the time when property first became comprised in the settlementâ€�.ÌýYou should proceedÌýon 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.Ìý
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ExampleÌý
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Sabina, when domiciledÌýin Spain, transfers a house in Spain into a new settlement. Later she acquiresÌýaÌýUKÌýdomicileÌýand then adds some Australian property to the settlement.ÌýÌýShe died on 3 August 2022, so her domicile at the time the property became comprisedÌýin the settlement is relevant.Ìý
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»Ê¹ÚÌåÓýapp Spanish property is excluded property because of Sabina’s non-UK domicileÌýwhen she settled that property. However, the Australian property is not excluded property as Sabina had a UK domicileÌýwhen she added that property to the settlement.Ìý