A leading law professor has rubbished claims that a man who murdered his mother can remain as executor of her will.
Ross Taggart, 38, who strangled his mum Carol-Anne to death, remains solely in charge of her £500,000 estate eight years after she died.
While he can’t profit from the death as a result of his murder conviction, he retains control over all decisions relating to the legacy – blocking the rest of the victim’s family.
But Roderick Paisley, professor of Scots law at Aberdeen University, teaches the law of succession and said it prohibits killers from controlling the estates of people they have killed.
His comments come after the Sunday Mail told last week how Taggart’s sister Lorraine, 34, who has campaigned for a change in the law, criticised the Scottish Government for failing to close a legal loophole which has let him control his victim’s estate as an executor.
But Prof Paisley said it can be argued that a murderer’s acceptance of the role of executor is legally void.
He added: “I’m aware the Scottish Government held a consultation on this. Any attempt by Ross Taggart to say he is executor, they should have said, ‘No, you’re not.’” Prof Paisley said two previous cases set a legal precedent on the issue.
Taggart murdered his mum, 54, in Dunfermline in 2014 and was jailed for a minimum of 18 years.
A new Netflix series, When Missing Turns To Murder, will cover Taggart’s case and his sister Lorraine’s campaign for justice.
The Scottish Government said: “The Trusts and Succession (Scotland) Bill, which is before the Scottish Parliament, will make it easier to remove any executor who is unfit to be in that role.
“We remain committed to taking forward reforms that would prevent a person convicted of murder from assuming the role of executor to their victim’s estate.”
Taggart’s legal representatives did not respond to the Sunday Mail’s request for comment. The family’s lawyer declined our request for comment.
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