I am in the process of taking instructions for a Will of an author. The person in questions has numerous books published. I have tried to find out further information regarding a literary executor and wondered if members could point me in the direction of a suitable clause and anything else I should be considering when dealing with something of this nature? My client is going to liaise with their agent to see what they suggest. Any help or tips would be gratefully received
This is from Butterworths - it does not copy and paste well and I cannot seem to upload it. Let me know if you would like me to email it separately
In my Will my Literary Estate means all published and unpublished works of which I am the author and all manuscripts letters notes records and other writings [(including those stored on computer or word processor discs and the discs on which they are stored)] produced in the course of or otherwise related to my literary work together with all my copyrights and any other rights and privileges which may exist in any of the foregoing material.
I appoint [name(s) and address(es)] to be the executor**[s]** of my Will to administer only my Literary Estate and I direct that the expense of taking out a limited grant of probate shall be borne by my residuary estate [my Literary Estate].
The clause which appoints general executors and trustees should be modified:
So as to exclude the literary estate. In the forms in this Division, this could be done by altering the opening words along the following lines:
I appoint [name and address] and [name and address] to be the executors of my Will except as to my Literary Estate (but my Literary Estate shall be included in this appointment if the appointment made in respect of that estate by clause [.] above should fail for any reason).
By adding at the end of the definition of ‘my Trustees’ (in b of [AP[5.19]] the words:
‘… but shall not include [name(s)] in [her] [their] capacity as executor[s] of my Literary Estate.’
This is desirable because the provisions made by the will in relation to ‘my Trustees’ will be generally inappropriate in relation to an executor of the literary estate (though if the latter happens also to be one of the general executors and trustees he or she should not be excluded: hence the final part of the wording above); but particular administrative provisions may be applied expressly to a literary executor if desired. See [5.84].’
Substitutionary appointments of literary executors may of course be made