Tenancies succession reminder

The Trust & Succession Law Committee wishes to remind solicitors to look out for impending deadlines in respect of agricultural tenancies or croft tenancies passing under intestacy.

Transfer of a tenancy to a beneficiary requires to be made by the executors in an agricultural tenancy within 12 months, and in a crofting tenancy within 24 months, of the death, or such longer period as fixed by agreement between the executor and landlord or on an application to the court (Succession (Scotland) Act 1964, s 16). Subsequent intimation of the transfer is to be given to the landlord (Agricultural Holdings (Scotland) Act 1991, s 12 and Crofters (Scotland) Act 1993, s 11). 

It is considered that executors need to be confirmed to validly execute a transfer. With potential delays in the steps required to apply for and obtain confirmation, there is an increased risk of being out of time in obtaining confirmation before carrying out the transfer.