In my will

If you want to ensure your croft is passed on as you wish, it's essential to have a clear will. This helps avoid the complicated and often expensive process of intestacy, where the law, not you, decides who inherits your croft.

When creating a will that involves your croft, keep these things in mind:

• Find the right solicitor. Choose a solicitor who has specific experience with crofting law and succession.
• Know your croft's status. Understand if you are a tenant crofter or an owner-occupier crofter. This affects how the croft can be passed on.
• Specify who inherits the croft. Be very clear about who you want to leave the croft to. This prevents confusion and disputes.
• Don't forget grazings. Make sure your will includes instructions for any grazing shares you hold. This is especially important if they are "stand-alone shares" and not part of the main croft.
• Houses and homes. If the house on your croft has been decrofted (made separate from the land), you need to specify who inherits it. If it's still part of the croft, it will typically pass to the person who inherits the croft itself.
• Keep your will updated. As your circumstances or the status of your croft change, make sure you update your will to reflect these changes.

What is intestate croft succession?

Intestacy is what happens when a crofter dies without a valid will. This can lead to a complex and lengthy legal process where the person you might have wanted to inherit the croft does not. It can also be very expensive and may lead to multiple people having a claim on the croft tenancy. By having a will, you ensure your croft is passed on exactly as you intended.