Information for Executors

There are two forms of Croft 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 executor of the deceased crofter or the person to whom the tenancy of a croft is left to must give notice of the acceptance of the bequest to the landlord and send a copy of the notice to the Commission, within 12 months of the death of the crofter. If this does not happen the succession is treated as intestate succession.

The relevant forms required can be accessed via our form finder

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 (carried out).

Where a crofter dies without leaving a Will or, if a Will was made but the bequest became null and void or otherwise was not effected, the Executor of the deceased crofter must take the following steps within 24 months of either: the death of the crofter or the date the Commission was informed of the crofters death (as long as this was within 2 months of the crofters death):

1. 1. Obtain Confirmation from the Sheriff Court to the Estate of the deceased crofter. The croft tenancy and any grazing rights or shares must be detailed on the inventory to the Confirmation.
2. 2. Transfer the tenancy of the croft (including any grazing rights or shares); and
3. 3. Give notice of that transfer (including details of who it is transferred to) to the landlord of the croft, who shall accept the person as the tenant. At the same time, the Executor must also send a copy of the notice to the Commission.

The Commission on being copied into that notification will enter the transferee as the new tenant in the Register of Crofts unless the Commission is aware, for instance, that the landlord has already served a notice terminating the tenancy or has become aware for instance that the relevant crofting interest has not been listed in the inventory.

Executors are recommended to obtain independent legal advice to ensure that all the crofting interests of the deceased crofter, including grazings shares, are competently transferred to the new tenant(s).” 

If the timescales for Intestate Succession are not adhered to, then the tenancy of the croft will be at risk and the landlord could give notice terminating the tenancy in accordance with section 16(3)(b) of the Succession (Scotland) Act 1964. Alternatively, the Commission could take steps to terminate the tenancy and declare the croft vacant in terms of sections 11(4) - 11(8) of the Crofters (Scotland) Act 1993.

This is a complicated area of law and you should seek independent legal advice from a solicitor in cases of intestate succession.

The relevant forms required can be accessed via our form finder

Both types of succession listed above are triggers for croft registration, succession cases cannot be concluded until croft registration is completed or in the case of an previously registered croft until the Registers of Scotland register the transfer of the tenancy of the croft. For more information please visit Crofting - RoS Knowledge Base