Testate succession - bequest of a croft tenancy
‘Testate succession’ is when a crofter makes a will and names the person or people, they wish to leave the tenancy of their croft and grazings shares to. This named person is called the legatee.
Who can notify us?
- The legatee who has been bequeathed, or left, the tenancy of the croft in a will.
- The executor, where authorised by the legatee.
Bequests to multiple people
- If the bequest is to more than one person, the deceased crofter's executor must first apply to us for consent to divide the croft or grazings share into separate parts.
- No part of the croft can remain untenanted.
Timescales
The legatee or the authorised executor must:
- Give notice of the bequest to the landlord of the croft or grazing share and send a copy to us.
This must all be done within 12 months from the date of the crofter's death.
- If these steps are not completed within the required timescale, the bequest will not be valid and the succession to the tenancy will then have to be treated as intestate.
How to notify us
You must send us:
- A copy of the notification sent to the landlord.
- 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.
You must submit a completed ‘testate succession bequest of croft tenancy notification to landlord’ form. Search for your croft and then find the correct form.
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.
Division applications: If the bequest is to multiple people (requiring division), the Registers of Scotland application will not be sent until we make a decision about the division application. This will add to the processing time.
What happens next?
Once the croft and/or the bequest is registered on the Registers of Scotland crofting register, the legatee will become the new tenant of the croft, backdated to the date of the crofter’s death.
Further information
Bequest of a croft tenancy law, policy and procedure