The Crofting Commission regulates
and promotes the interests of crofting in Scotland
to secure the future of crofting.
and promotes the interests of crofting in Scotland
to secure the future of crofting.
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-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-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.
