Land Reform (Scotland) Act 2025

Bequest of holding

31 (1) A small landholder may, by will or other testamentary writing, bequeath the landholder’s interest in a small landholding to any one of the persons mentioned in sub-paragraph (2).

(2) The persons referred to in sub-paragraph (1) are—

(a) any person who would be, or would in any circumstances have been, entitled to succeed to the landholder’s estate on intestacy by virtue of the Succession (Scotland) Act 1964,

(b) a spouse or civil partner of—

(i) a landholder’s descendant,

(ii) a landholder’s sibling,

(c) in relation to a landholder’s spouse or civil partner—

(i) that person’s sibling,

(ii) a spouse or civil partner of such a sibling,

(iii) a descendant of such a sibling.

(3) For the purpose of sub-paragraph (2)—

(a) a reference to a spouse or civil partner of a person (“person A”) includes, where person A has died, a reference to a person who was the spouse or civil partner of person A immediately prior to person A’s death,

(b) two people are siblings if they have at least one parent in common,

(c) a step-child or, as the case may be, step-sibling is to be treated as being the same as a child or, as the case may be, sibling (and sub-paragraph (2)(a) is to be read as if the rules of intestacy applied accordingly).

(4) Sub-paragraph (5) applies where a person to whom a small landholder’s interest in a holding is bequeathed (referred to in this schedule as the “legatee”) accepts the bequest.

(5) The legatee must give the landlord of the holding written notice of the bequest and the legatee’s acceptance of it—

(a) before the end of the period of 21 days beginning with the date of death of the landholder, or

(b) where the legatee is unavoidably unable to give notice within the period specified in paragraph (a), as soon as practicable thereafter.

(6) A notice under sub-paragraph (5) must specify the legatee’s relationship to the deceased landholder.

(7) Unless a counter-notice is given by the landlord in accordance with paragraph 33(2) or 34(2), the giving of a notice under sub-paragraph (5) has the effect of making the deceased landholder’s lease of the holding binding on the landlord and the legatee, as landlord and small landholder respectively, from the date of the deceased’s death.