Part 1

Agricultural tenancies
Chapter 2

General provision as to new types of tenancy

Succession to short limited duration tenancies and limited duration tenancies

Bequest of lease
21
1
Subject to subsections (2) and (3), the tenant of a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy may, by will or other testamentary writing, bequeath the lease constituting the tenancy to any one of the persons mentioned in subsection (1A) .
1A
The persons referred to in subsection (1) are—
a
any person who would be, or would in any circumstances have been, entitled to succeed to the tenant's estate on intestacy by virtue of the Succession (Scotland) Act 1964,
b
a spouse or civil partner of a child of the tenant,
c
a spouse or civil partner of a grandchild of the tenant,
d
a spouse or civil partner of a brother or sister of the tenant,
e
a brother or sister of the tenant's spouse or civil partner,
f
a spouse or civil partner of such a brother or sister,
g
a child (including a step-child) of such a brother or sister,
h
a grandchild (including a step-grandchild) of such a brother or sister,
i
a step-child of the tenant,
j
a spouse or civil partner of such a step-child,
k
a descendant of such a step-child,
l
a step-brother or step-sister of the tenant,
m
a spouse or civil partner of such a step-brother or step-sister,
n
a descendant of such a step-brother or step-sister.
2
Sections 11(2) and (3), 12A, 12B and 12C(1) and (2) of the 1991 Act apply in relation to subsection (1) as they do in relation to section 11(1), subject to the following modifications—
a
in section 11(2), the words “of a holding” and “of the holding” are omitted,
b
in section 12A, in subsections (3)(b) and (c) and (4)(b), for “holding” substitute
“ land comprised in the lease ”
,
c
in section 12C, in subsection (1), for “holding” substitute
“ land comprised in the lease ”
.
3
If the person to whom the lease is so bequeathed does not accept the bequest, or if the bequest is declared null and void by virtue of subsection (2), the right to the lease is, subject to section 16(4A) to (4E) of the 1964 Act, to be treated as intestate estate of the deceased in accordance with Part I of that Act.
S. 21 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(a) (with Sch.)
S. 21(1A) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 108(3)(b), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
S. 21(2) substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 16(2) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
Words in s. 21(1) substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 108(3)(a)(ii), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.
Words in s. 21(1) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), ss. 108(3)(a)(i), 130(1) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 12)