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Paragraph 32 Intestate succession to holdingI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A small landholder’s interest in a small landholding is, on the landholder’s death, to be treated as intestate estate of the deceased in accordance with Part 1 of the Succession (Scotland) Act 1964 where—

(a)

it is not the subject of a valid bequest by the deceased, or

(b)

it is the subject of such a bequest, but the bequest—

(i)

is not accepted by the legatee,

(ii)

is the subject of a counter-notice under paragraph 34(2) declaring it to be null and void, and either no appeal is made to the Land Court within the period permitted for doing so or any such appeal is withdrawn, or

(iii)

is declared, or confirmed, to be null and void by the Land Court under paragraph 33(6)(a) or 34(5).

(2)

A person to whom a landholder’s interest in a small landholding is transferred under section 16 of the Succession (Scotland) Act 1964 (referred to in this schedule as “the acquirer”) must give written notice of the acquisition to the landlord of the holding—

(a)

before the end of the period of 21 days beginning with the date of acquisition of the interest in the holding, or

(b)

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

(3)

A notice under sub-paragraph (2) must specify the acquirer’s relationship to the deceased landholder.

(4)

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 (2) has the effect of making the deceased landholder’s lease of the holding binding on the landlord and the acquirer, as landlord and small landholder respectively, from the date on which the deceased landholder’s interest in the small landholding was transferred under section 16 of the Succession (Scotland) Act 1964.

Annotations

Commencement

I1

Sch. 2 para. 32 not in force at Royal Assent, see s. 47(2)