A Fife murderer’s grip over his mother’s will has prompted the Scottish Government to close a legal loophole which allows killers to control the estates of their victims.
Jailed Ross Taggart refused to give up rights to his mother’s estate despite bludgeoning her to death and hiding her body under a coastal caravan in 2014.
The family of child-minder Carol-Anne Taggart campaigned for a change in the law.
Siobhian Brown, the Victims and Community Safety Minister, is to bring forward new legislation to stop anyone convicted of murder being an executor of their victim’s will.
She will table amendments to the Trusts and Succession (Scotland) Bill, which is before the Scottish Parliament, which will make it easier to remove any executor who is unfit to be in that role.
Family campaign
Taggart attacked his 54-year-old mother at the home they shared in Dunfermline and buried her body under a caravan at Pettycur Bay.
Carole-Anne had made Taggart executor of her £500,000 estate and bequeathed the bulk of her wealth to him.
While he cannot profit from his mother’s death as a result of his murder conviction, he has refused to resign as an executor and retains complete control over all decisions relating to the estate.
Carole-Anne’s daughter Lorraine and her husband Stephen Bristow started a petition to change the law, which gained more than 60,000 signatures.
The Scottish Government reforms propose a person “convicted of, or being prosecuted for, murder or culpable homicide of the deceased, is to be regarded as unfit to be executor and can be removed from office by an application to the courts”.
If the Scottish Parliament agrees, the change in the law would be retrospective, meaning convictions or prosecutions which pre-date it would also be in scope.
Law change proposed
Ms Brown said: “The Scottish Government committed to legislate on preventing a person convicted of murder being appointed executor to their victim’s estate, following a consultation which referred to the tragic circumstances of the murder of Carol Taggart.
“I am pleased to say that I will lay amendments this week to the Trusts and Succession Bill to change the law in this matter.
“This will provide a practical, predictable and legally certain outcome for the family and friends of a victim.
“I would like to thank campaigners for their work in this matter and to prevent what has happened in the past from happening in future.”
An application to remove an unfit executor will be made at a sheriff court.
Where a sheriff is considering an application and is satisfied the person seeking appointment has been convicted of, or is being prosecuted for, the murder or culpable homicide of the deceased the sheriff must refuse it.
The law change is expected to come into force by summer 2024.
Taggart was jailed for a minimum of 18 years at the High Court in Edinburgh after being found guilty of the December 2014 murder.
