THE family of a murdered woman have welcomed a step towards a change in the law to prevent murderers from having control of their victims’ wills.
The potential change is part of a public consultation being launched today by the Scottish Government on how to make inheritance laws fairer.
As well as seeking views on changing the law to allow anyone charged and convicted of murder and other crimes to be removed from being executors for their victims’ wills, the consultation also asks how an estate should be split when there are both children and a surviving spouse.
In addition, it considers what rights cohabitants should have and whether step-children should have the same inheritance rights as biological or adopted children.
The consultation follows the case of Ross Taggart of Dunfermline who strangled his mother, Carol, in 2014 then hid her body under a caravan.
He was convicted of the crime in 2015 but before she was murdered Taggart had made him executor of her will and he has refused to give up the role.
It means that although his conviction bars him from benefitting financially from Taggart’s death, he has been able to prevent his heartbroken sister, Lorraine, from accessing their mother’s house to collect sentimental items such as photographs.
A petition set up by Lorraine’s husband, Stephen Bristow, calling for a change in the law has collected more than 20,000 signatures.
On hearing the consultation was being launched, Bristow said: “That’s fantastic news as it would be nice to know something is being done to prevent anyone in future experiencing what my wife has gone through, which has been horrendous.
“Four years later it is still ongoing and there does not seem to be light at the end of the tunnel. We are still fighting to move things on.
“We are not doing this for financial gain – the goal for us has always been the sentimental items,” he added.
“It’s a positive step and I hope people will look at what we have said and change the law – there is surely something wrong with society if they don’t.”
As well as looking at whether murderers should be executors of their victims’ estates, the consultation will ask for views on intestacy – when someone dies without leaving a will.
The Scottish Law Commission has criticised the current rules because of their complexity.
Questions in the consultation include whether step-children have a right equivalent to that of biological or adopted children to inherit in intestacy and whether a cohabitant should inherit where there is a surviving spouse or civil partner.
“The make-up of families in Scotland is vastly different today than it was when these laws were passed over half a century ago, including significantly more families made up of cohabiting couples and an increased number of step-families,” said Community Safety Minister Ash Denham.
“This issue affects all of us and we want our reforms to reflect the views of 21st century Scotland.
“The law should be fair and representative so it is important we hear from people of all ages and backgrounds.
“I hope that people will take this opportunity to share their opinions and experiences.”
The legislative consultation has also been welcomed by the Law Society of Scotland.
“It is important that the law reflects the needs of modern society, and we strongly encourage reform in areas where the law has struggled to keep up with societal and technological changes,” said Gordon Wyllie, convener of the Trusts and Succession Law Sub-Committee.
“We believe that changes to inheritance rules are required and we look forward to engaging with the Government on this issue.”
The consultation is being launched against increasing change in society.
The 2011 Census data showed that 16% of families in Scotland were cohabitating couples while 8% of married couple families and 29% of cohabiting couple families were step-families. These figures are expected to have increased since then.
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