1. Why do I need a Will?
There are a range of benefits to drafting a Will. A well-drafted Will will guide executor(s) efficiently in the management of the artist’s works and the preservation of the artist’s legacy. For example, a will can determine any of the following:
whether works can be sold or gifted to beneficiaries;
who will benefit from the copyright, moral rights and ARR following the artist’s death;
whether any works or related personal belongings of the artist such as sketches, sketchbooks, diaries or letters may be shown to the public;
what happens to the artist’s archives;
who will be in charge of preserving and enhancing the artist’s legacy; and
whether works should be kept in a particular location such as a country, city, or museum.
The absence of a Will can result in decades of litigation amongst family members. So can a poorly drafted Will. If an artist is interested in preserving their legacy, having a well-drafted Will is a priority.