Abstract
... ... ... ... ... ... There are no provisions of English law protecting assets from forced heirship claims originating from another jurisdiction, and there is little authority on the subject. It is generally considered that the English courts will not recognise such foreign laws in respect of lifetime settlements where the other law does not prevent lifetime gifts. Nor will they allow the gifts to be clawed back on the death of the settlor. The question of whether the settlor had capacity to make a settlement by the law of his domicile may be important. But the fact that the law of the domicile has a rule of forced heirship does not by itself mean that the settlor had no capacity to create the trust, or that the transfer into the trust was not valid—it may simply mean that the heirs have a personal right against the estate after the settlor's death.
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