There are two forms of succession:
- Testate Succession is the term used when a crofter makes a Will and names the person(s) they wish to leave the tenancy of the croft and/or grazing shares to. The person(s) nominated by the crofter is called the ‘legatee(s)’ and they are said to have been ‘bequeathed’ the tenancy of the croft.
- Intestate succession is the term that describes succession to the deceased’s estate in the absence of a Will or a Will that cannot be given effect to. This is a complicated area of law and you should seek independent legal advice from a solicitor in cases of intestate succession.