Intestate succession – transfer by executor notice to landlords

Intestate succession occurs if a crofter dies and:

• They didn’t include their croft tenancy in their will, or
• Their will can't be used for the croft tenancy for legal reasons:
  • The crofter who has died didn't have a will stating how the croft and grazings share should pass on.
  • The crofter did have a will but the person it was left to failed to notify the landlord or us of their acceptance within 12 months of the crofter's death.
  • The person or people the croft was left don’t want the tenancy.
  • The will left the tenancy in separate parts to multiple people, and we refused the necessary division application.

This is a complicated area of law, and you should seek independent legal advice from a solicitor.

Who can notify?

The executor of a crofter who has died.

Timescales

Where a crofter dies without leaving a will or if a will was made but became null and void or otherwise was not carried out, the executor must formally notify us about an ‘intestate succession’ within 24 months of the crofter's death.

If these timescales are not met, the tenancy of the croft is at risk. The landlord or executor could give notice to terminate the tenancy, or we could terminate the tenancy and declare the croft vacant.

How to notify us

The executor must complete the following steps before notifying us:

1. Obtain confirmation from the Sheriff Court about the estate of the crofter who has died (the croft tenancy and any grazings rights must be detailed on the inventory).
2. Transfer the tenancy of the croft (including grazings rights) to the new tenant. There is an example you can use to do this as an appendix to our ‘intestate succession – transfer by executor notice’ notification form.
3. Give written notice of that transfer to the croft landlord, using the ‘intestate succession – transfer by executor notice’ form and send us a copy with your notification.
4. Registers of Scotland application: If the croft is not already registered with the Registers of Scotland, you must submit a first registration (Form A). If your croft is registered, you'll submit a subsequent event (Form B) if the application is approved. Each Registers of Scotland application has a fee of £90. We will process and forward these applications on your behalf.

Notify us

The process

Once we receive your completed notification and the accompanying Registers of Scotland application, we aim to process the notification within 16 weeks, provided we have all the necessary information.

What happens next?

The new tenant will replace the crofter who has died on the date the Registers of Scotland crofting register is updated. 

Further information

Factsheet - intestate succession

Intestate succession law, policy and procedure