Gaelic
Succession
There are two forms of succession:
- Testate Succession is the term used when a crofter makes a Will and names the person(s) they wish to leave the tenancy of the croft and/or grazing shares to. The person(s) nominated by the crofter is called the ‘legatee(s)’ and they are said to have been ‘bequeathed’ the tenancy of the croft.
- Intestate succession is the term that describes succession to the deceased’s estate in the absence of a Will or a Will that cannot be given effect to. This is a complicated area of law and you should seek independent legal advice from a solicitor in cases of intestate succession.
Regulatory Forms and Guidance - Succession
- Factsheet-Succession-180425.pdf 1.31 MB
- Intestate-Succession-Transfer-by-Executor-Guidance-Notes-0819.pdf 61 kB
- Intestate-Succession-Transfer-by-Executor-Notification-Form-0819.pdf 113 kB
- Law-Policy-and-Rules-of-Procedure-Bequest-of-croft-tenancy-v-10-310517.pdf 30 kB
- Law-Policy-and-Rules-of-Procedure-Intestacy-Termination-of-tenancy-by-the-Commission-s115-to-118-v-10-310517.pdf 34 kB
- Law-Policy-and-Rules-of-Procedure-Intestacy-transfer-by-confirmed-executor-v-10-310517.pdf 28 kB
- Testate-Succession-Bequest-Croft-Tenancy-Notification-to-LL-Guidance-0819.pdf 58 kB
- Testate-Succession-Bequest-of-Croft-Tenancy-Notification-to-Landlord-Form-0819.pdf 107 kB
Please ensure you submit your Registers of Scotland (RoS) Registration Application form along with your application, if required.
Please note that when you are completing the Registration Application for RoS you are required to advise them of persons who own/occupy any adjacent croft or land, as our ROC is not mapped based the Commission cannot assist you with this information.
Succession
Covid -19
UPDATE: CORONAVIRUS
The Commission is now accepting new applications, but as all staff continue to work from home and the office remains closed, these will be processed more slowly than usual. Any applications that relate to statutory deadlines, or which concern a Crofting Register form to notify the Commission that an event has taken place, will be given priority over other applications.
Where applications require a site visit, it will not be possible for any site visit to be carried out until the government eases the current restrictions on movement.Where any application involves a hearing, no hearings will take place until the current restrictions on movement are eased and the government has advised that public meetings (with appropriate physical distancing) can take place.
Please read this important information regarding effecting Commission regulatory decisions.
You can continue to contact us by email info@crofting.gov.scot and although we are now in a position to deal with phone calls to our reception line, few staff have access to work phones to make return calls and therefore the service will be limited. We would therefore ask that you continue to contact us via email.
The Commission understands that this is a difficult time for all concerned, but we wish to reassure crofters and their agents that we will continue to work to restore normal levels of service. It is unlikely that this can be fully restored until the government permits offices to reopen and for various restrictions on movements and meetings to be eased.
20 May 2020.
The Commission is now accepting new applications, but as all staff continue to work from home and the office remains closed, these will be processed more slowly than usual. Any applications that relate to statutory deadlines, or which concern a Crofting Register form to notify the Commission that an event has taken place, will be given priority over other applications.
Where applications require a site visit, it will not be possible for any site visit to be carried out until the government eases the current restrictions on movement.Where any application involves a hearing, no hearings will take place until the current restrictions on movement are eased and the government has advised that public meetings (with appropriate physical distancing) can take place.
Approved Applications:
If you are a crofter who has had an application approved by the Commission within the last 3 monthsPlease read this important information regarding effecting Commission regulatory decisions.
You can continue to contact us by email info@crofting.gov.scot and although we are now in a position to deal with phone calls to our reception line, few staff have access to work phones to make return calls and therefore the service will be limited. We would therefore ask that you continue to contact us via email.
The Commission understands that this is a difficult time for all concerned, but we wish to reassure crofters and their agents that we will continue to work to restore normal levels of service. It is unlikely that this can be fully restored until the government permits offices to reopen and for various restrictions on movements and meetings to be eased.
20 May 2020.
