SCOTTISH courts can now prevent killers from being the executors of their victims' estates after a Dunfermline family successfully campaigned for a change in the law.
Ross Taggart was given a life sentence with a minimum jail term of 18 years after he murdered his mum, Carol, and hid her body underneath a caravan just days before Christmas in 2014.
A loophole in the law meant he remained in charge of her estate as the executor of her will, despite being found guilty of brutally killing her.
Ross Taggart murdered his mother, Carol Taggart, in December 2014. (Image: Police Scotland)
Thanks to the efforts of her daughter, Lorraine Bristow, and other family members who campaigned to have the law changed - almost 66,000 people signed a petition to show their support - that has now been closed.
READ MORE: Dunfermline family wins legal battle to prevent murderers controlling victim's estate
From today (Wednesday), new powers have come into force allowing a court to prevent those convicted of murder or culpable homicide from acting as an executor on their victim’s estate.
Scottish Government minister Siobhian Brown, who has responsibility for victims and community safety, said: “Preventing killers from being executors is an important part of this legislation.
"It will stop added anguish for victims’ loved ones, as happened to the family of Carol Taggart who was murdered by her son, who was also her executor.
"Carol’s friends and family are to be commended for campaigning for this important change to the law, which will prevent it happening to another family.
“More generally, the law of trusts and succession needed to be updated to keep pace with how society has changed and developed, and these new measures will help to ensure that our law is more relevant and can better meet the needs of modern Scotland.”
The legal position meant that, until Carol's house at Hill of St Margaret was sold in August 2020, family members were forced to ask Taggart for permission to gain access to the property to recover precious photos and mementoes.
Carol Taggart was 54-years-old when she was attacked and strangled by her son, Ross, just a few days before Christmas in 2014. (Image: Police Scotland)
READ MORE: Dunfermline man killed his mum and still controls her estate
Earlier this year, Lorraine had told STV news she welcomed the law change.
She said: "It was a case of always fighting to try and change the law and help other people.
"To know I have helped in a good way, I think does bring a bit of closure. It has to.
"Ross has control of the estate, everything that my mum had.
"He got to deal with everything even down to the little things.
"We couldn't enter the house, or get little things that she owned, I never got any of that.
"It was not to gain anything for me. I just wanted to protect someone in my situation and help them make sure that it doesn't happen again."
READ MORE: Murder of Carol Taggart features in Netflix documentary
Carol ran a successful childminding business from Hill of St Margaret until the 54-year-old was beaten and then strangled to death after an argument with her son.
Her body was hidden underneath a caravan she owned at Pettycur Bay, Kinghorn, while Taggart, who was 31 at the time, "embarked on a calculated course of deceit" by reporting her as missing and repeatedly lying to family, friends and the police.
As appeals were made and searches conducted to try and find her, he played along while knowing she was dead and went on a spending spree with her money while also trying to sell Carol's jewellery.
As he was sentenced, Judge Lord Uist told Taggart: “How you have lived with your conscience since you murdered your mother, I do not know.”
The new powers are part of the Trusts and Succession (Scotland) Act 2024, which were passed unanimously by the Scottish Parliament in December.
Other parts of the act that come into force today include the power for a co-trustee to remove a professional trustee, such as an accountant or solicitor, if they are no longer a member of their regulated profession or entitled to practice.
This provision was included in the legislation in response to concerns that arose following the collapse of the WW&J McClure firm of solicitors.
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