Passing on a croft
As a landlord, your help is key to making sure a croft doesn’t sit unused for years, which benefits the entire crofting system.
When a croft is included in a will (testate succession)
If a crofter leaves their croft or grazings shares in a will, the executor or the person who inherits the croft, must notify you and us.
This must be done within 12 months of the crofter's death. If this doesn't happen, the croft is handled as if there is no will.
When a crofter dies without a will (intestate succession)
If a crofter dies without a valid will, the executor has 24 months to:
- Get confirmation: The executor must get a confirmation document from the Sheriff Court about the deceased person's estate, listing the croft and any grazings rights.
- Transfer the croft: The executor must legally transfer the croft tenancy to a new person.
- Tell you: The executor must give you a notice of the transfer, including who the new tenant is. They also send a copy to us.
If you have not received this notice within 24 months, and no extension has been granted, you must notify us. We will then contact the executor, any other interested parties and the landlord, giving you one month to express your views before we end the tenancy and make the croft available again.
