Crofters (Scotland) Act 1993

10 Bequest of croft. S

[F1 (1) A crofter may, by will or other testamentary writing, bequeath the tenancy of his croft to any one natural person.]

(2) A person to whom the tenancy of a croft is bequeathed as aforesaid (in this section referred to as “the legatee”) shall, if he accepts the bequest, give notice of the bequest to the landlord [F2 and send a copy of the notice to the Commission, both] within [F3 4] months after the death of the crofter, unless he is prevented by some [F4 cause, being a cause which the Commission accept is unavoidable,] from giving such notice within that time, and in that event he shall give such notice [F5 (and send such a copy)] within a further period of [F6 6] months. If no such notice is given [F7 (and copy sent)] in accordance with the provisions of this subsection [F8 or subsection (2A) below] the bequest shall become null and void.

F9 ...

[F10 (2A) Notice under subsection (2) above of the bequest may be given by an executor of the deceased crofter authorised for that purpose by the legatee.

(2B) The giving of notice to the landlord in accordance with the provisions of subsection (2) or (2A) above shall import acceptance of the bequest; and the legatee if—

(a) he is a member of the deceased crofter's family; or

(b) he is a person other than a member of the deceased crofter's family and the landlord does not intimate objection to the legatee in accordance with subsection (3) below,

shall come into the place of the deceased crofter (as from the date of death of the deceased crofter) on the relevant date mentioned in subsection (2D) below.

(2C) Where notice is given in accordance with the provisions of subsection (2) or (2A) above and—

(a) the legatee is a member of the deceased crofter's family, the Commission shall notify the legatee of the information they require for the purpose of updating the Register of Crofts in relation to the tenancy; or

(b) the legatee is a person other than a member of the deceased crofter's family and the Commission receive no intimation of objection to the legatee in accordance with subsection (3) below, they shall notify the legatee—

(i) to that effect; and

(ii) of the information referred to in paragraph (a) above.

(2D) The Commission shall notify the legatee when they are satisfied that he has provided the information required by them in their notification to him under subsection (2C) above; and the “relevant date” referred to in subsection (2B) above is the date on which the Commission notify the legatee under this subsection.]

[F11 (3) Where the legatee is a person other than a member of the deceased crofter's family, the landlord may, within one month (or such longer period as may be determined by the Commission on an application made to them by the landlord) after the date of the notice given to him in accordance with subsection (2) or (2A) above, intimate to—

(a) the legatee; and

(b) the Commission,

that he objects to the legatee becoming tenant of the croft; and any such intimation shall state the grounds of objection.]

(4) If, after affording to the legatee and to the landlord an opportunity of making representations to them, the Commission are—

(a) satisfied that the objection is reasonable, they shall declare the bequest to be null and void, and shall notify the landlord and the legatee accordingly;

[F12 (b) not so satisfied, they shall—

(i) notify the landlord and the legatee to that effect; and

(ii) notify the legatee of the information they require for the purpose of updating the Register of Crofts in relation to the tenancy.]

[F13 (4A) In a case where subsection (4)(b) above applies, the Commission shall notify the legatee when they are satisfied that he has provided the information required by them in their notification to him under sub-paragraph (ii) of that subsection; and, if no appeal is made under subsection (4B) below against the Commission's decision under subsection (4)(b) above, the legatee shall come into the place of the deceased crofter (as from the date of the deceased crofter's death) on the date on which the Commission notify the legatee under this subsection.

(4B) The legatee or, as the case may be, the landlord may, within 42 days after the giving of notification of the Commission's decision under paragraph (a) or (b) of subsection (4) above in relation to the objection, appeal by way of stated case, on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court against that decision.

(4C) In an appeal under subsection (4B) above the Court may—

(a) confirm the decision;

(b) direct the Commission to come to a different decision; or

(c) remit the case to the Commission without so directing them.

(4D) Where, on an appeal under subsection (4B) above, the Land Court directs the Commission to decide that a bequest under subsection (1) above be upheld, the legatee shall come into the place of the deceased crofter (as from the date of the deceased crofter's death) on the date the Court directs under this subsection.

(4E) A legatee who comes into the place of a deceased crofter in accordance with subsection (2B), (4A) or, as the case may be, (4D) above, in doing so—

(a) becomes liable for such debts of the deceased crofter's estate as are attributable to the tenancy; and

(b) shall, if requested to do so by the executor, pay the reasonable expenses necessarily and wholly incurred by the executor in relation to the administration and management of the tenancy during the period beginning with the date of the deceased crofter's death and ending immediately before the date when the legatee so comes into the place of the deceased crofter; and such expenses—

(i) shall, in the event of a dispute as to amount, be determined by the Land Court on the application of the executor or the legatee; and

(ii) shall not fall to be met from the deceased crofter's estate.

(4F) Notwithstanding that a legatee comes into the place of the deceased crofter as mentioned in subsection (4E) above, the tenancy is an asset of the deceased crofter's estate, available along with the other assets of the estate to meet the other expenses of administration, and debts, of the estate; and any such legatee is liable to contribute to such expenses and debts accordingly.]

(5) If the bequest becomes null and void under this section, the right to the croft shall be treated as intestate estate of the deceased crofter in accordance with Part I of the 1964 Act.

(6) Subject to the foregoing provisions of this section, any question arising with respect to the validity or effect of the bequest shall be determined by any court having jurisdiction to determine the validity and effect of the whole testamentary writings of the deceased crofter.

Textual Amendments

F1 S. 10(1) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(2), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F2 Words in s. 10(2) inserted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(3)(a), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F3 Word in s. 10(2) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(3)(b), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F4 Words in s. 10(2) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(3)(c), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F5 Words in s. 10(2) inserted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(3)(d), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F6 Word in s. 10(2) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(3)(e), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F7 Words in s. 10(2) inserted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(3)(f), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F8 Words in s. 10(2) inserted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(3)(g), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F9 Words in s. 10(2) repealed (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(3)(h), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F10 S. 10(2A)-(2D) inserted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(4), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F11 S. 10(3) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(5), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F12 S. 10(4)(b) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(6), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

F13 S. 10(4A)-(4F) inserted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 13(7), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2