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Where property comprised in a settlement is situated outside the UK, the property (but not a reversionary interest in the property) is excluded property unless the settlor was domiciled in the UK at the time the settlement was made¹. However, certain anti-avoidance provisions have been put in place to prevent abuse.

With effect from 5 December 2005, the anti-avoidance measures described in I9.330B apply to prevent UK domiciled individuals who purchase interests in existing foreign trusts originally settled by non-UK domiciliaries which benefit from the above exemption from obtaining the benefit of excluded property².

It is immaterial whether the consideration is given by the person with the interest in possession in the settlement or someone else arising by way of Will or intestacy. If the acquired interest is subsequently resettled by someone who is domiciled outside the UK relief may still be available under the rule described above in respect of the new settlement.

Accordingly, the anti-avoidance provisions provide that property is not excluded property if:

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   •ÌýÌýÌýÌý an individual is, or has been,