Crofters Holdings (Scotland) Act 1886

16 Bequest of holding. U.K.

A crofter may, by will or other testamentary writing, bequeath his right to his holding to one person, being [F1 his son-in-law or 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 M1 Succession (Scotland) Act, 1964] (herein-after called the “legatee”), subject to the following provisions,

(a) The legatee shall intimate the testamentary bequest to the landlord or his known agent within [F2 two months] after the death of the crofter, unless he is prevented by some unavoidable cause from making intimation within that time, and in that event he shall make intimation as soon as possible thereafter:

(b) Intimation to the landlord or his known agent by the legatee shall import acceptance of the crofter’s right to the holding by the legatee:

(c) Within one month after intimation has been made to the landlord or his known agent, he may intimate to the legatee that he objects to receive him as crofter in the holding:

If the landlord or his known agent makes no such intimation within one month, the legatee shall come into the place of the crofter in the holding as from the date of the death of the deceased crofter:

(d) If the landlord or his known agent intimates that he objects to receive the legatee as crofter in the holding, the legatee may present a petition to the [F2 Land Court] praying for decree declaring that he is the crofter therein as from the date of the death of the deceased crofter, of which petition due notice shall be given to the landlord, who may enter appearance and state his grounds of objection; and if any reasonable ground of objection is established to the satisfaction of the [F2 Land Court] he shall declare the bequest to be null and void; but otherwise he shall decern and declare in terms of the prayer of the petition:

(e) The decision of the [F2 Land Court] under such petition as aforesaid shall be final [F3 and shall be intimated by the landlord to the executor of the deceased tenant].

(f) Where the legatee shall have presented a petition to the [F2 Land Court]as aforesaid, the legatee [F4 with the consent of the executor in whom the tenancy is vested under section 14 of the M2 Succession (Scotland) Act 1964] pending any proceedings shall have possession of the holding unless the [F2 Land Court] shall otherwise direct on cause shown:

(g) If the legatee shall accept the bequest, and the bequest is not declared to be null and void as aforesaid, the legatee shall be entitled to possess the holding on the same terms and conditions as if he had been the nearest heir of the crofter:

[F5 (h) If the legatee does not accept the bequest, or if the bequest is declared to be null and void as aforesaid, the right to the holding shall be treated as intestate estate of the deceased tenant in accordance with Part I of the Succession (Scotland) Act 1964; and where a tenancy is transferred under section 16 of the said Act of 1964, the executor of the deceased tenant shall as soon as may be furnish particulars of the transferee to the landlord who shall accept the transferee as tenant]

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Textual Amendments

F1 Words substituted with saving by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 9

F2 Words substituted by Small Landholders (Scotland) Act 1911 (c. 49), s. 20

F3 Words added with saving by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 10

F4 Words inserted with saving by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 11

F5 S. 16 para. (h) substituted with saving by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 para. 12

F6 Proviso repealed with saving by Succession (Scotland) Act 1964 (c. 41), s. 34(2), Sch. 3

Modifications etc. (not altering text)

C1 S. 16 restricted by Crofters (Scotland) Act 1955 (3 & 4 Eliz. 2 c. 21), s. 38(3), Sch. 6 Pt. I; saved by Succession (Scotland) Act 1964 (c. 41), s. 29(2)

C2 S. 16 paras (a)—(h) saved by Succession (Scotland) Act 1964 (c. 41), s. 16(8)

Marginal Citations

M1 1964 c. 41.

M2 1964 c. 41.