can forced hiership challenge gifts?

@RaviVooda‌ but if the gifter gave the asset many years before, I’m not sure if the clawback rules would apply. I think it’s only applicable if the gift was given to avoid forced heirship, otherwise i don’t think it could. But i guess the syllabus just simplifies it, so best stick to it.

@ravivooda Yes, forced heirship has a ‘clawback’ provision for estranged or conceived out of marriage children.

@ravivooda they can attempt to gift it but the clawback provision will clawback lifetime gifts into estate before calculating the children’s share. CFAI Reading 12 p. 276 last paragraph.

Solution 1B p. 317 also states gifting strategies may not work due to claw back provision (last sentence under bullet point).

To challenge a forced hiership, is only after the person’s death. Things get messy when there’s country’s law overriding the will. So when a person dies, at that point his assets will be calculated for the probate and so on.

Gift is different, it’s before his death so it can’t be challenged (unless during the period when the gifter was hospitalised and gift a portion to another person, might get challenged, don’t hv to know in CFA) just like how gift can avoid estate tax etc.