Since 1st October 2011,where a crofter dies without leaving a will or, if a will was made but the bequest became null and void or otherwise was not effected, the executor of a deceased crofter must take the following steps within 24 months of the crofter’s death:- (1) obtain Confirmation from the Sheriff Court to the Estate of the deceased crofter. The croft tenancy and any grazing rights or shares must be detailed on the inventory to the Confirmation;(2) transfer the tenancy of the croft (including any grazing rights or shares)*The case of McGarth v Nelson (2010 CSOH 149) established that one way in which to transfer a tenancy was for the confirmed Executor to use a docket endorsed on the Confirmation. Executors are urged to take independent legal advice on the question of how to transfer the tenancy and whether the case of McGarth V Nelson is applicable in their particular circumstances. In the event that the Executor considers that it is appropriate to transfer the tenancy by way of a docket, a proforma docket can be found on our website; and (3) give notice of that transfer, (including details of who it is transferred to) to the landlord of the croft, who shall accept that person as the tenant. At the same time the Executor must send a copy of the notice to the Commission. An application for the Commission’s consent is no longer required in order to transfer a croft tenancy on intestacy.