Meanwhile, it was assumed that the Earldom of Mar passed to John Francis Goodeve, the late Earl's nephew, and his heir-general.

However, the Earl of Kellie submitted a petition to the House of Lords asking that the Earldom of Mar be declared his, dying before it could be considered.

However, due to a sentiment that the Lords had decided wrongly, the Earldom of Mar Restitution Act was passed.

The subsidiary titles belonging to the Earl of Mar and Kellie are: Viscount of Fentoun or Fenton (created 1606), Lord Erskine (1429) and Lord Erskine of Dirleton (1603), the former of which is used as a courtesy title for the eldest son and heir of the Earl.

The heir presumptive is the present holder's brother Alexander David Erskine, Master of Mar and Kellie (b. 1952).