In the event of multiple bequests what happens if one of the successor tenants wishes to dispose of their interest?

The 2010 Act provides that, for the first time, a crofter can bequeath the tenancy of their croft to more than one person. 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. If any part is left out, 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 of the people named as tenants decline to accept the bequest. If the croft is 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 if there had been no Will. If new crofts are created, they are separate units and, as they are now separate, it is open to any of the individuals who succeeded to their new croft, to seek to dispose of their interest. They can do this either by applying to the Commission to assign the tenancy to a nominated individual or they can let the landlord know they renounce their interest in the tenancy of the croft.

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