Would the executor of a deceased crofter be able to apply for Commission consent to divide the croft, in the absence of a specific bequest having been made by the late crofter to transfer the croft tenancy to more than one person?

No. In the absence of any amendment to the 1993 Act extending the definition of “crofter” to include a deceased crofter’s executor, our view is that an application by such an executor to divide a croft would not be competent, unless the deceased crofter had bequeathed his/her croft to more than one individual.