and promotes the interests of crofting in Scotland
to secure the future of crofting.
Including my Croft in my Will
If you would rather keep your croft during your lifetime, you should be aware that, for as long as you are a crofter, you are required to comply with all crofting duties, including the duty to cultivate the croft. Succession can seem a daunting subject and something people do not necessarily want to think about. When it comes to crofting, however, succession is very important, and it is prudent to have given it some thought and to have a Will drafted.
Key Points of a Croft Will:
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Ensure the solicitor you use has experience of dealing with crofting matters in a Will
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Make sure you know your croft status(are you a Tenant or an Owner-Occupier)
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Make sure you know the status of any grazings shares,whether they form part of the croft tenancy or whether they are stand-alone shares (the status of your croft and shares can be checked on the Register of Crofts)
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Be specific as to who you are leaving the croft to
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Ensure grazings shares are dealt with in the Will, particularly if they are stand-alone shares (Deemed Croft)
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Make specific provision for who is to inherit the house on the croft, if it has been decrofted (if the house is still part of the croft, whoever succeeds to the croft, may also acquire the croft house)
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Keep your Will up to date; make sure any material changes to your croft or circumstances are included
Intestate Croft Succession
When a crofter dies with no Will or the Will is not able to be given effect to, then the croft tenancy falls into what is known as “intestacy”. Intestate croft succession is a complex area of law, which can sometimes take a long time to resolve, and sometimes there is no clear line of succession, and on occasion several parties can have an interest in the tenancy. It can also be expensive. In intestacy, the croft will often not pass directly to the person you might have expected or intended would succeed. It is important that when making a Will, that you instruct a solicitor with knowledge and experience of dealing with Wills involving crofting interests.
