What is an artist’s will—and do you need one?

What is an artist’s will?

An artist’s will is an essential part of estate planning. This legal document outlines how an artist’s work is managed and distributed when they pass away. An artist’s will can also ensure that the artist’s wishes are respected. This legal document can outline a variety of matters related to their work, like who should manage their intellectual property rights, how their works can be displayed or exhibited, whether their work should be sold or donated, and how the proceeds of their artwork should be distributed. Royalties should also be considered in an artist’s will. Would you like royalties from your artwork to go to your children or your favorite charity? Artists can also include how their art supplies and equipment should be distributed once they pass away.

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Who needs an artist’s will?

In general, everyone should have a will, whether you’re an artist or not. But any type of artist can benefit from an artist’s will, whether you’re a visual artist such as a photographer, or a musical artist like a singer. Even if you’re young and in perfect health, it’s a good idea to create an artist’s will as your health can change at any moment.

What happens if an artist doesn’t have a will?

If an artist doesn’t have a will, it’s possible that their work will be disputed in court. There are dozens of artists who didn’t leave a will, leading to long legal battles following their death. For example, Pablo Picasso didn’t leave a will, and his heirs spent six years and $30 million in court fighting over his 45,000+ pieces of art. To save your family the time and money of a lengthy legal battle, it’s wise to designate who will get your art in your will.

How can I make an artist’s will?

To create an artist’s will, you’ll need to meet with an estate planning attorney who can guide you through the process. Before you meet with your attorney, it’s important that you:

• Take inventory of your art, including the title, date, description, and physical location of each piece (for example, if your piece lives at home or at a gallery)
• List your work that generates royalties
• List contacts who understand your portfolio
• Create a list of any contracts you have
• List the appraised value of your work
• Determine whom you want to manage your portfolio
• List any work that you want to be donated and where you want it donated¹

It may be helpful for your heirs if you photograph your art and include the titles and details of each piece in OneDrive. You can share each folder with your heirs so that they can access it anywhere. Providing your heirs with a visual of your pieces will make it easier for them to divide the work once you pass away. You may be able to distinguish your two different paintings of the ocean, but your children may be confused which one was intended for them.

If you wish to have your artwork donated when you pass away, it’s important that you make sure the recipient can actually take your work. For example, you may want to leave your artwork with the university that you attended, but the university may not be able to accept the work or have the space to hold it.

How often should I refresh an artist’s will?

Most estate attorneys recommend updating your will every five years. Once you create your first will, keep track of all the new artwork that you create to add to your refreshed will. You can store your updated inventory list in OneDrive for safekeeping, so when it’s time to meet with your lawyer, you can easily find and access it. In general, you should update your will when you get married or divorced, when you have children, when you change your executor, or when you move to a new state. You’ll want to make sure your will is valid in your new state.

Where should you store an artist’s will?

You can keep a copy of your artist’s will with your attorney. You can also choose to leave a copy of your will with your executor so they can access it if you die suddenly. Another option is to upload a copy of your will to OneDrive. You can share the link with your heirs and executor in case they need to view it when you pass. No matter where you choose to store your will, make sure your executor and heirs know where it is. Otherwise, the courts may distribute your property themselves.

No one knows your art better than you. Taking the time to plan what will happen to your art after you pass away will save your heirs a lot of time, money, and heartache.

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