Change of tenancy under Scottish law is known as 'Evacuation of Special Destination' whilst under English law it is called 'Severance of Tenancy'. Although the terminology differs, and the documentation is different the actual outcome is the same.

The majority of homes in the UK today are owned as ‘Joint Tenancy’. This means that when a partner dies their share of the property automatically passes to their partner by the Will.

The use of an Evacuation or Severance document changes the definition of the tenancy of the property from ‘Joint Tenants’ to ‘Tenants in Common’. Your home is still owned by you both, however its’ value is now split into two distinct and separate halves.

On the death of the first partner the trustees (remaining partner) can now choose if they so wish to place half the value of the property in trust for the children through the ‘Will Trust’. The potential benefit is half the value of your home can pass directly to your children and is therefore a potential saving in Inheritance Tax.