(1)A crofter may, by will or other testamentary writing, bequeath the tenancy of his croft to any one person; but where the power conferred by this subsection is exercised in favour of a person not being a member of the crofter’s family, the bequest shall be null and void unless the Commission, on application made to them by the legatee, otherwise determine.
(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 within two months after the death of the crofter, unless he is prevented by some unavoidable cause from giving such notice within that time, and in that event he shall give such notice within a further period of four months. If no such notice is given in accordance with the provisions of this subsection the bequest shall become null and void.
The giving of such notice shall import acceptance of the bequest and, unless the landlord intimates objection to the Commission under the next following subsection, the legatee shall come into the place of the deceased crofter in the croft as from the date of the death of the deceased crofter, and the landlord shall notify the Commission accordingly.
(3)Where notice has been given as aforesaid to the landlord he may within one month after the giving of the notice intimate to the legatee and to the Commission that he objects to receive the legatee as tenant of the croft and shall state the grounds of his objection.
(4)If, after affording to the legatee and to the landlord an opportunity of making representations to them, the Commission are 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. If they are not so satisfied they shall notify the landlord and the legatee to that effect, and the legatee shall thereupon come into the place of the deceased crofter in the croft as from the date of the death of the deceased crofter.
(5)If the bequest becomes null and void under this section, the right to the croft shall [F1be treated as intestate estate of the deceased crofter in accordance with Part I of the M1Succession (Scotland) Act 1964.]
(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.
(7)In this section the expression “member of the crofter’s family” means the wife or husband of the crofter or his son-in-law or daughter-in-law [F2or any one of the persons who would be, or would in any circumstances have been, entitled to succeed to the estate on intestacy by virtue of the M2Succession (Scotland) Act 1964.]
Textual Amendments
F1Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70), Sch. 2 Pt. I para. 2
F2Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70), Sch. 2 Pt. I para. 3
Marginal Citations