A Scottish Government minister has pledged to bring forward new legislation to stop murderers from becoming the executor of their victim’s estate.
The Trusts and Succession (Scotland) Bill, which is before the Scottish Parliament, is set to make it easier to remove any executor who is unfit to be in that role. However, under the current proposals, the Bill does not specifically state that an unlawful killer cannot be an executor.
Siobhian Brown, Minister for Victims and Community Safety, has pledged to go further than planned proposals and bring forward reforms that prevent killers from controlling their victim’s estate.
She said: “This is one I am very willing to work with the committee on. I am committed to bring forward reforms that would prevent a person convicted of murder from being an executor to their victim’s estate and my officials and I will explore what can be done in the context of the Bill to ensure this.”
The SNP MSP made the comments during a Delegated Powers and Law Reform Committee meeting last week.
She added: “That’s not to say that The Trusts and Succession (Scotland) Bill does nothing – section six of the Bill will make it more straightforward to remove a murderer from the role of executor and extends the jurisdiction to the Sheriff Court.”
It comes after the Sunday Mail revealed how killer Ross Taggart, 38, who strangled his mum Carol-Anne, 54, to death, is currently in sole 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.
Taggart was jailed for a minimum of 18 years at the High Court in Edinburgh after being found guilty of the December 2014 murder. Taggart’s sister Lorraine, 34, from Dunfermline, has since campaigned for a change in the law. In January we also revealed how William Kelly, who killed his mum Cathy, 71, by setting her on fire in Ayrshire, maintained control of her estate for four years before finally relinquishing control.
It was later granted to another relative. In the run-up to the attack in 2017, Kelly had been granted control of his mother’s £70,000 life savings.
A source close to the Kelly family, who did not want to be identified, said: “It’s ridiculous that Kelly was allowed to have control and drag his heels over decisions about her will for years from a cell. There needs to be clear legislation put in place to stop people like Kelly having any say over the estates of people they have murdered.”
Roderick Paisley, professor of Scots law at Aberdeen University, said: “These unfortunate circumstances continue to cause great heartache for a number of families who have already suffered enough at the hands of the killer.”
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.”
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