Tories say new land ownership laws could overrule person’s will
AN SNP shake-up of Scotland’s land ownership laws could prevent people passing their homes to the family member of their choice, it was claimed yesterday.
Ministers want to create a Scottish Land Reform Commission and have the ability to take action against those landowners who pose a “barrier” to development.
They have also proposed measures to make information on who owns land and its value more readily available.
However, Tories warn the legislation, which would also limit the companies, trusts and partnerships that can own land in Scotland to within the EU, could effectively overrule a person’s will.
The party’s enterprise spokesman Murdo Fraser said the government’s plan would end the current succession law, which allows people to name in their will who they want to leave their house – immovable property – to without any legal challenge.
The MSP claimed changes in the Land Reform Bill would mean other family members could challenge a will in court – opening up the prospect of estates being broken up among relatives.
Mr Fraser said: “If people want to leave their homes to individual family members, or even to charities, that should be a matter for them. Wills are very much a personal choice and not a matter for the state to decide on.
“This proposal will only lead to family arguments and put pressure on families during the grieving process.
he Scottish Conservatives strongly oppose this idea and would ask that it is removed from Land Reform proposals
“The Scottish Conservatives strongly oppose this idea and would ask that it is removed from Land Reform proposals.”
The claims follow previous warnings that the SNP’s plans to overhaul the law of succession, giving a greater number of relatives a right to inherit a share of a family farm or estate, would cause some to be broken up into holdings too small to be economically viable.
However, the move will be welcomed by campaigners who say that over- concentrated ownership in Scotland undermines communities and stunts economic growth.
First Minister Nicola Sturgeon has said that land “must be an asset that benefits the many, not the few”.
A Scottish Government spokeswoman said: “We will beconsulting on changes to succession law, including the extent to which partners and children should be protected from disinheritance.
“Any proposed changes to succession law will still allow people to name in their will who they want to leave their house, cash, household pets, family heirlooms and investments to when they die.
“The changes are proposed simply to make sure that land and property are treated the same way as any other asset.”
