I'm an executor

As an executor, it's your job to handle the deceased crofter's estate, which includes the croft. There are two ways a croft is passed on: through a will (testate succession) or without a will (intestate succession).

Testate succession (with a will)

If the crofter left a will, this is called testate succession. The person named in the will to receive the croft must inform the landlord and send a copy to the Crofting Commission.

• Time limit: This must happen within 12 months of the crofter's death.
• Consequence of not acting: If this deadline is missed, the succession is treated as if there was no will, which can be a complicated process.

Intestate succession (without a will)

If a crofter dies without a valid will, this is known as intestate succession. This is a complex legal area. The executor must take specific steps to transfer the croft.

• Time limit: The executor has 24 months from the date of death (or when the Commission was informed of the death) to complete the process.

Because of the legal complexities, it's highly recommended that executors get independent legal advice from a solicitor with experience in crofting law.

What to remember

• Croft registration: Both types of succession require croft registration to be completed. The process cannot be finalised until the croft is registered or the transfer is recorded with Registers of Scotland.
• Key terms:
  • Bequest: A gift left in a will.
  • Beneficiary: The person who inherits something from a will.
  • Estate: Everything the person owned, including property, money, and debts.