Yes, the 2010 Act provides that, for the first time, a crofter can bequeath the tenancy of the croft to one or more individuals. If a crofter decides to bequeath the croft to more than one individual they should ensure that all of the croft land subject to the bequest is included in the Will and that no part is left untenanted, as this could result in the bequest becoming null and void, as if the Will had not been written (intestacy). Intestacy could also result if any legatees decline the bequest. If the croft bequeathed to more than one individual, the Executor must apply to the Commission to divide the croft tenancy. If consent is given, new crofts are created. If consent is refused, the bequest fails and the estate will be treated as an intestate estate.
