If my estate was to wind up what would be the position for a 120-acre farm in Scotland which I have owned for 30 years, but has a sitting tenant of more than 20 years? The tenant has sons. What is my position if I want to sell the property?

James Rust, partner with Scottish law firm Morton Fraser, says the tenancy of your farm is likely to be governed by the Agricultural Holdings (Scotland) Act 1991, under which tenants of agricultural property have security of tenure of the land which they lease.

“That being the case, in the event of your death, the tenancy would continue as at present with your executors representing the landlord's interest,” says Rust.

“The farm would be valued subject to the tenancy as part of your estate at a discount to vacant possession value and disposed of, subject to the tenancy, in terms of the provisions of your will, or in the event of you dying without a will (never a good idea) under the statutory rules applying to the Scottish law of intestacy.”

As for selling the property, new laws enacted by the Scottish Parliament allow tenants in defined types of agricultural tenancies to acquire a pre-emptive right to buy the land comprised in their leases, explains Rust.

“The tenant can do this by registering a notice of interest with the Scottish Land Register, which has just opened its doors to take such notices.” Consequently, if you wish to sell your farm, and assuming that your tenant is entitled to acquire a pre-emptive right to buy under this new law, the first step would be to ask your tenant if he is interested in purchasing.

“Given your tenant's security of tenure, his family circumstances and his entitlement to acquire a pre-emptive right to buy, it is only sensible to have this conversation with him in advance of you going to the open market,” says Rust.

If your tenant is interested in buying, talks to agree terms can proceed. If not, the farm can then be advertised on the open market, subject to the existing tenancy, with any purchaser stepping into your shoes as landlord says Rust.

He adds that this area of Scottish law is complex and interacts with succession and capital tax planning so legal and valuation advice is essential.

Charity is delaying land deal

My neighbours and I are trying to buy land adjacent to our properties, following the death of the owner who left half of her estate to three charities.

Our efforts have been frustrated partly due to one of the charities trying to influence the decisions of the executors. I understood that personal representatives had absolute powers of disposing of a property for the purpose of administration without interference and that the only exception to this was where a dissatisfied beneficiary or creditor applied to the estate administered by the court.

On what grounds, therefore, can a charity seek to interfere with the administration of an estate? I wish to avoid the same thing happening to me as I have left the residue in my will to certain charities.

From what you say, the charity is in the right, says Christopher Jessel, partner at Farrer & Co. This is because parliament has laid down in the Charities Act 1993 that, where a charity has an interest in land which is sold, a special procedure must be followed. “This includes taking advice from a qualified surveyor, advertising, and obtaining the best terms,” says Jessel.

“The courts have not yet decided whether this procedure applies where an estate is given to a number of named charities, but executors need to be sure they cannot be criticised so they should follow the same procedure.”

Because the rules are laid down by Parliament it is not possible to override this duty, he adds.

Jessel suggests that a codicil in your will could say that your executors will not be personally liable if they make a mistake and sell at less than a proper price. He says a clause which would make void any bequests to a charity which tried to influence the executor's decision, would be interpreted by the Court as an attempt to interfere with the rights you have given to the charity.

“You cannot make a gift to a charity and say that if the charity wants to make sure they receive what is due they risk losing it.”

He says you could give your executors a discretion as to the charities (to be selected from a list) which should benefit once any property is sold. “The executors would still be under a legal duty to sell at a proper price but no individual charity would be able to claim they had suffered as a result of any decision.”

Can I get a mortgage from a non-UK bank?

Can a UK citizen get a mortgage from a bank based outside the country? If so where we do you look?

You haven't said if the property you want to buy is in the UK or overseas. Given this, Melanie Bien of brokers Savills Private Finance, provides general advice and says that UK citizens can apply for mortgages from non-UK banks, but only if you are buying property abroad. She says: “Most lenders won't agree cross-border mortgages (although private banks will arrange funding in exceptional circumstances, at a cost).” She adds if you are buying property in the Channel Islands, you can approach a subsidiary of a UK bank for a mortgage. “There is a strong market in this so it's a fairly straightforward process.” Bien says that if you are buying property abroad, you must apply for a mortgage from a foreign bank or subsidiary of a UK bank (if one operates in the country in which you wish to buy).

She says the advantages of using a subsidiary are that you will be using a name you know and presumably trust. The other benefit, which may be important to you, is that you will be dealing with English speakers who can direct you towards English-speaking lawyers and surveyors as well, she says.

As for finding a mortgage deal you have two options she says. You could do the all the legwork yourself and contact UK banks with a subsidiary in the country where you wish to buy in order to compare rates, or you could go through an independent broker who specialises in overseas lending.

The advice in this column is specific to the facts surrounding the questions posed. Neither the FT nor the contributors accepts any liability for any direct or indirect loss arising from any reliance placed on the replies. Readers wishing to pursue matters raised in the column are advised to seek professional advice. Letters should be typewritten and kept as short as possible.