In December 2024, the Crofting Commission released their research paper on crofting succession. The survey was sent to 2,050 crofters to understand more about plans for and attitudes towards croft succession.
The paper reports on the results of a survey that was carried out amongst the crofting communities in Uist, Barra, Assynt, Eddrachilis, Durness and Tongue, crofting areas that have experience depopulation in recent decades.
What is Crofting Succession?
The Crofting Commission describe croft succession in their research papers as "the process of passing on a croft to a chosen successor. This typically happens when the crofter dies and can also take place when the crofter is still alive and no longer able or willing to work their croft".
As the Crofting Commission note, succession can take place after a crofter dies or whilst they are still alive, and it is important for crofters put a succession plan in place early to avoid issues arising in future.
Previous surveys have asked about the existence of succession plans, which consistently indicate that a proportion of crofters do not have a succession plan in place.
Survey Findings
Of the 2,050 surveys issued, there were only 259 respondents (13% return rate). As such, the results may not provide significant conclusions. They do, however, provide an insight into crofters' attitudes towards croft succession.
Succession Plan
The survey found that 54% of respondents had a succession plan in place in the form of a will, which was a similar finding to previous surveys. 68% of those respondents were aged 66 and over and 42% were aged under 66. Of the cohort of respondents aged 66 and over, 95% had selected family members as successors which highlights a trend of crofters over the age of 66 wishing to keep crofts within their family. 42% of the respondents aged under 66 have a will in place instructing executors how they wish their croft and any common grazing shares to be passed on. For most crofters in the under 66 age bracket, the reason provided for not choosing a successor is because they have not considered the issue.
Living Succession
Crofts are often intertwined with the livelihood and cultural heritage of families and rural communities. A well thought out succession plan during a crofter's lifetime can often allow crofters to pass on skills to the next generation while they are still able to, to ensure the croft remains in productive use and provide opportunities to other family members or younger generations.
The benefit of lifetime planning provides a crofter with more control, ensuring crofts are passed on to who they wish to continue working the croft. 53% of respondents said that they would consider passing on crofts during their lifetime. The survey also found there was a difference in the age of crofters when it came to whether they would consider living succession or a succession plan. 59% of respondents that were aged 65 and under confirmed they would consider living succession, in comparison to only 45% of respondents aged 66 and over. Of the respondents that confirmed they would not consider living succession, they were invited to provide a further comment. The most common reason provided for 58% of respondents was that they already had a succession plan in place in the form of a will. 25% of respondents confirmed they intended to make a will. Of the respondents, 25% confirmed they would not consider living succession because their house formed part of their croft.
The survey highlighted a number of crofters are taking more active steps to plan for succession of their crofts, whether that be owner-occupied crofts or croft tenancies. However, there are still a large number of crofters in these areas where the survey was carried out who have not made formal plans for succession of their tenancies during their lifetime. This shows that a number of crofters are yet to consider or seek advice on succession planning. The picture is an improving one, but there is clearly still some distance to go.
Why is succession planning important?
Succession planning is extremely important, particularly in relation to crofting, for a number of reasons including:
- Ensuring Continuity: a croft is typically managed in a way that sustains traditional crofting practices, which often rely on specific skills and knowledge. If succession is not properly planned, the croft could fall into disuse or be improperly managed, leading to its decline or it lying vacant. Planning ensures that the successor is capable of taking on the responsibility of a croft, thereby safeguarding the long-term viability of the croft.
- Legal Clarity and Preventing Disputes: without a clear succession plan, there can be confusion or disputes over who is entitled to take over the croft upon the crofter’s death. In the absence of a will, the process of succession is governed by the law of intestate succession, which may not align with the crofter’s intentions. Having a will in place allows the crofter to specify who should inherit the croft and avoid legal complications that could arise among family members or other potential heirs.
- Protecting the Croft’s Legacy: many crofts are passed down through generations and form an important part of a family. Planning succession carefully ensures that this legacy is preserved, allowing future generations to continue living on and working the croft.
- Financial and Practical Considerations: Croft succession is not just about passing on land; it involves considering financial aspects like the costs of transferring the tenancy, the management and costs associated with working a croft, or even potential tax implications to a crofter thinking of passing their croft to the next generation. A proper succession plan accounts for these factors and ensures from a legal and practical perspective that the croft is passed on to the next generation smoothly.
Many crofters wish to continue cultivating and managing their croft for as long as possible during their lifetime. However, it is important that crofters plan the succession of their crofts as early as possible. A well-prepared plan gives both the crofter and the next generation the clarity and guidance needed to ensure a smooth and sustainable transition.
Criteria for Future Crofters: Practical Implications
Crofters must meet certain criteria, such as demonstrating the knowledge, skills, and commitment to manage the croft in accordance with legal requirements and agricultural practices. Crofters thinking about future succession should think carefully about the person they may wish to pass their croft on to and to consider if they will be able to comply with their statutory duties which include demonstrating the ability to manage the croft, retaining the requisite skills, residing within 32km of the croft and being able to continue to maintain and cultivate it, amongst other criteria.
If you are considering the succession of your croft, the Crofting Commission website includes helpful information and guides on succession of croft tenancies and owner-occupied crofts, including assignation of croft tenancies and the process of passing on crofts following the death of a crofter.
If you have queries regarding how to plan your croft succession, please contact our Rural Business and Natural Capital team.
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