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Intellectual Property in Your Will: Copyright, Royalties & Creative Legacy

· 33 min

Note: The following scenario is fictional and used for illustration.

Marcus, 42, a children's book author from Edinburgh, earns £18,000 annually from royalties on his 6 published books. His debut novel continues generating steady income 8 years after publication.

When his father—a semi-retired session musician—died without a will, Marcus watched his mother struggle for 14 months to access his father's royalty payments from 1970s album recordings. The record label froze payments until intestacy was resolved. Marcus's mother received nothing. Under intestacy rules, his father's royalties went to his children, despite his mother depending on that £400 monthly income.

Marcus now has young twins and a mortgage. His books could generate royalties for 70 years after his death—potentially £500,000+ for his family. But he's never made a will because he's unsure how to "leave" something as intangible as copyright.

Under UK law, copyright lasts for 70 years after the creator's death, and authors' median income from creative work dropped to £12,755 in 2022—making every income stream critical for families.

This article explains exactly what intellectual property you can include in your will, how copyright and royalties differ, when you need a literary executor, and how to protect your creative legacy for your family.

Table of Contents

What Is Intellectual Property and Can You Inherit It?

Your creative work is property—valuable, inheritable property that can generate income for your family for decades after your death.

Intellectual property includes copyright, trademarks, patents, design rights, and trade secrets. For most creators, copyright is the most relevant. Under the Copyright, Designs and Patents Act 1988, copyright is "a property right" that can be bought, sold, inherited, or otherwise transferred.

UK law treats copyright exactly like physical assets. Your book's copyright passes to your heirs the same way your savings account does.

Copyright protects these types of creative work:

  • Literary works (books, articles, lyrics, blog posts)
  • Musical compositions and sound recordings
  • Dramatic works (plays, screenplays, choreography)
  • Artistic works (paintings, photographs, sculptures, illustrations)
  • Films and videos
  • Software and computer programs

The 70-year rule is what makes copyright so valuable. Copyright lasts for your lifetime plus 70 years. Computer-generated works last 50 years from creation, but works you create personally continue earning for your grandchildren.

Emma, a freelance photographer in Brighton, owns copyright to 15,000 images in her portfolio. Her stock photo licensing generates £800 monthly. When she dies, those copyrights—and the licensing income they produce—pass through her estate just like her savings account. Her husband and children would inherit both the copyright ownership and the right to collect all future royalties.

Consider J.K. Rowling's Harry Potter copyright, which will continue until 2095—70 years after her death. The estate of Roald Dahl sold rights to Netflix for a reported £500 million, demonstrating how family members inherit IP value decades after a creator's death.

Your work doesn't need to be famous to be valuable. If you earn £5,000 annually from creative work, that income stream could be worth £100,000+ to your family over the copyright term.

This distinction determines whether your family receives anything after you die.

Copyright ownership means you control how your work is reproduced, distributed, adapted, performed, and displayed. You make all licensing decisions and collect all income.

Royalty rights mean you receive income payments from someone else's use of your work, but you don't own the copyright itself. You can't control how the work is used—you just get paid.

The critical mistake creators make: leaving "all my copyright" to someone in their will when they only have royalty rights. Your beneficiary would receive nothing, because you didn't own copyright to transfer.

Musicians often have royalty rights without copyright ownership. Record labels typically own the master recordings. Your contract entitles you to ongoing royalty payments, but you don't control the copyright.

David, 58, played session guitar on dozens of recordings in the 1980s. He doesn't own copyright to those recordings—the record label does. But his contract guarantees him royalty payments whenever the recordings are sold or streamed. His will must specify "royalty payments from my session work," not "copyright to recordings I played on." Otherwise, his children would inherit nothing.

Authors face hybrid situations. Sarah self-published two novels (she owns copyright) but traditionally published her memoir (publisher owns copyright, she receives royalties). Her will needs separate provisions:

"I leave copyright to my self-published novels 'Midnight Garden' and 'Winter Coast' to my daughter Emma. I leave all royalty payments from my traditionally published memoir 'Finding Home' to my son James."

Here's the comparison:

Copyright Ownership:

  • You control use of work
  • Can sell, license, adapt
  • Leave "copyright" in will
  • Example: Self-published author

Royalty Rights Only:

  • You receive payment only
  • Cannot control how work is used
  • Leave "royalty payments/income" in will
  • Example: Session musician

Review your contracts. Publishing agreements, recording contracts, and work-for-hire arrangements often transfer copyright to someone else while guaranteeing you royalty payments. Your will must use the precise legal term that matches what you actually own.

Copyright lasts 70 years after your death for literary, dramatic, musical, and artistic works created by you personally. This long protection period means your creative work can support your family for multiple generations.

Sound recordings and films last 70 years from release, calculated differently from creator's lifetime. Photographs last for the photographer's lifetime plus 70 years, regardless of when the subject dies. Computer-generated works last only 50 years from creation.

Unpublished works created during your lifetime are still protected for 70 years after your death, even if they're never published.

Why does 70 years matter financially? It's the difference between leaving your spouse a modest asset and providing for your grandchildren who haven't been born yet.

If you die in 2025, your copyright expires in 2095. Your children who inherit at ages 30 and 35 would receive royalties until they're 100 and 105. Your grandchildren born after your death could inherit the income stream when your children die.

The financial projection is substantial. Even modest royalty income compounds over decades. £5,000 annually over 70 years equals £350,000 in total payments before accounting for inflation or time-value adjustments.

Agatha Christie died in 1976. Her copyright continues until 2046—70 years later. Her estate still earns millions annually from book sales, TV adaptations, and merchandising. Her great-grandchildren benefit from work she created before 1976.

George Orwell died in 1950. His copyright expired in 2020—exactly 70 years later. "1984" and "Animal Farm" are now in the public domain, and his estate no longer receives royalties.

Contemporary creators have even longer protection timelines. An illustrator aged 45 creating children's books today could protect her work until approximately 2140—potentially 120 years of family income if she lives to 75.

This isn't just for famous creators. If you earn £10,000 annually from stock photography, that income stream has real value. Projected over 30 years (a realistic commercial lifespan for many works), that's £300,000 your family would lose without a will directing who inherits your copyright.

What Intellectual Property Should You Include in Your Will?

Many creators underestimate what they own. Your IP portfolio likely includes more valuable assets than you realize.

Published Works:

  • Books, ebooks, and print publications
  • Articles, essays, and journalism
  • Blog posts and newsletters (if substantial body of work)
  • Musical compositions and recordings
  • Photographs (commercial portfolios and fine art)
  • Artwork (originals plus reproduction rights)
  • Films, videos, and documentaries
  • Software, apps, and code
  • Graphic design work and illustrations

Unpublished and Unfinished Works:

  • Manuscripts in progress (novels 50% complete, planned series)
  • Notebooks, journals, and draft materials
  • Unreleased recordings and demo tracks
  • Sketches and preparatory artwork
  • Personal letters and correspondence (if you own copyright)
  • Research materials and databases

Ongoing Contracts:

  • Publishing agreements with active royalty streams
  • Licensing agreements (stock photo sites, music libraries, font licensing)
  • Film and TV option agreements
  • Merchandising rights (character licensing, print-on-demand)
  • Foreign rights and translation contracts
  • Audiobook rights and podcast licensing

Digital Assets:

  • Website content and archives
  • Social media content (if substantial original work)
  • YouTube videos and podcasts
  • Online courses and educational content
  • Email newsletters and subscriber lists
  • Digital art files and source materials

Moral Rights:

  • Right to be identified as creator (paternity right)
  • Right to object to derogatory treatment (integrity right)
  • These pass automatically with copyright but can be specified in your will

Consider this comprehensive example. Rachel, 41, is a visual artist in Bristol with:

  • Portfolio of 2,000 commercial photographs
  • Website with 500+ blog posts and tutorials
  • Instagram account with 45,000 followers and original content
  • Ongoing stock photo licensing generating £800 monthly
  • Unfinished coffee table book project (60% complete)
  • Contract with Getty Images for exclusive photo distribution

Her intellectual property has significant value—approximately £150,000 based on projected royalty income over 20 years. Without a will, Rachel's partner (not married) would inherit nothing under intestacy rules.

Tom, 56, is a musician in Manchester with:

  • 3 published albums on streaming platforms
  • 47 unreleased tracks on his hard drive
  • Ongoing Spotify royalties (£200 monthly)
  • YouTube channel with 12,000 subscribers and 200 original videos
  • Sheet music for 30 original compositions

Tom's IP could generate £50,000+ over the copyright term. He needs to specify in his will whether his family should publish those unreleased tracks or keep them private.

Create your own IP audit. List every creative work you've produced in the past 10 years. Check which ones generate income. Review contracts to determine whether you own copyright or just receive royalties. Total your annual IP income. Multiply by a reasonable commercial lifespan (10-30 years depending on your field).

That number is what your family loses if you die without directing who inherits your intellectual property.

Literary Executors: What They Do and When You Need One

A literary executor is a person appointed specifically to manage your creative works after death. They make decisions your regular executor may not be qualified to handle.

Your main executor handles financial assets—closing bank accounts, selling property, distributing inheritance. A literary executor handles creative assets—deciding whether to publish unfinished manuscripts, negotiating new licensing deals, protecting your artistic integrity.

They can be the same person, but many creators appoint someone with industry expertise as a separate literary executor.

Literary Executor Responsibilities:

  • Collecting royalty payments from publishers, platforms, and licensing partners
  • Negotiating new publishing, licensing, and adaptation agreements
  • Approving or rejecting film, TV, and stage adaptation requests
  • Managing translations and foreign rights
  • Deciding whether to publish unfinished or unpublished works
  • Protecting artistic integrity (preventing unauthorized derivatives or misuse)
  • Liaising with publishers, agents, galleries, and record labels
  • Managing copyright renewals and pursuing infringement claims
  • Handling tax obligations and accounting for IP income
  • Making decisions about digital archives and online content

You need a literary executor if:

  • Your annual royalty income exceeds £2,000
  • You have multiple published works with different contracts
  • You have unfinished works that might be commercially viable
  • You have complex licensing arrangements (multiple territories, formats, languages)
  • International rights and translations are involved
  • You want to protect artistic integrity (works that could be misused)
  • Your family members lack industry knowledge to manage IP effectively

Your standard executor is sufficient if:

  • Your royalty income is under £1,000 annually
  • All rights are assigned to a single publisher or entity
  • You have no unpublished works requiring publication decisions
  • Your wishes are simple (pass everything to spouse or children)

Choosing a Literary Executor:

Consider industry expertise. Your literary agent, editor, or a fellow creator may understand your work's commercial and artistic value better than family members. They should understand your artistic vision and values.

The literary executor should outlive you, or you should appoint a successor organization. Professional nominee companies exist specifically for managing estates over the full 70-year copyright term.

Provide detailed instructions in your will about your wishes. Do you want unfinished works completed by ghostwriters? Should your literary executor prioritize maximum income or artistic integrity? Are certain types of adaptations acceptable (audiobooks yes, film adaptations no)?

Philip Roth appointed a literary executor with instructions on which unpublished works could be released and which should remain private. His estate has carefully controlled his legacy according to his stated wishes.

Stieg Larsson died without a will. His long-term partner had no rights to the Millennium series despite being his literary collaborator. His family inherited and made publication decisions she disagreed with, leading to ongoing disputes about the direction of the series.

A more modest example: Claire, a children's author with 8 published books and £6,000 annual royalties, appointed her literary agent as executor. When Claire died, her agent negotiated a profitable audio rights deal and handled a film option request, generating £40,000 for Claire's children—deals her family wouldn't have known to pursue.

The language you use in your will determines whether your family receives your IP assets or loses everything.

Basic Will Provisions:

For straightforward situations, use clear language identifying what you're transferring:

"I leave all copyright, intellectual property rights, and royalty income from my creative works to my spouse, James Anderson."

"I leave 60% of all royalty income from my published and unpublished works to my spouse and 40% divided equally among my children."

"I leave copyright to my novel 'The Midnight Garden' to my daughter Emma; all other copyright and IP rights to my son James."

Include a residuary clause that captures any IP not specifically mentioned:

"The rest and residue of my estate, including any copyright, intellectual property, royalties, and licensing income not otherwise disposed of, shall go to my spouse."

Literary Executor Appointment:

If you need someone to actively manage your IP, specify their authority:

"I appoint Sarah Thompson, my literary agent, as Literary Executor with authority to manage all copyright, make publication decisions, negotiate licensing agreements, and protect my creative legacy."

Be explicit about their powers:

"My Literary Executor shall have discretion to: (1) publish unpublished works if commercially viable, (2) negotiate new contracts for reprints and adaptations, (3) pursue copyright infringement claims, (4) approve or reject licensing requests based on artistic integrity, and (5) collect and distribute all royalty payments to beneficiaries."

Unpublished Works Guidance:

Give clear instructions on unfinished or unpublished works:

"My literary executor shall have discretion to publish my unpublished manuscripts if they are substantially complete and commercially viable. Unfinished works less than 50% complete should not be published."

Or take the opposite approach:

"My unpublished works shall not be published without unanimous consent of all beneficiaries. My personal journals and correspondence shall remain private and shall not be published or released in any format."

Address artistic integrity:

"No adaptations of my works shall be approved that materially alter the feminist themes or that are produced by companies with records of workplace harassment."

International Rights:

If you have foreign translations or licenses:

"I leave all copyright including international copyright and foreign rights to my spouse."

Moral Rights:

Specify moral rights explicitly if you want to direct who enforces them:

"I direct that my moral rights to be identified as author and to object to derogatory treatment shall pass to my daughter, who shares my artistic values."

Or waive them if you want heirs to have commercial flexibility:

"I waive my moral rights to allow my beneficiaries maximum commercial flexibility in licensing and adapting my works."

Common Mistakes to Avoid:

  • Using "copyright" when you only have royalty rights (beneficiary receives nothing)
  • Not mentioning unpublished works (disputes arise over what to do with them)
  • Forgetting digital assets (website, social media, online courses)
  • No guidance on unfinished works (family argues about publication)
  • Not updating will when new major works are published
  • Assuming standard executor understands IP management (they often don't)

Example Will Clauses:

Author provision:

"I appoint my literary agent, Sarah Thompson, as Literary Executor. I leave all copyright to my published and unpublished novels to my husband David, with instruction that my Literary Executor shall decide whether to publish the manuscript 'Dark Waters' based on its commercial viability and quality. My husband shall receive all royalty income from my works."

Musician provision:

"I leave all royalty payments from my recorded music to my children in equal shares. I leave the master recordings I own copyright to (listed in Schedule A attached to this will) to my daughter Laura, who shares my passion for music preservation. My unreleased recordings may be published at the discretion of my Literary Executor if commercially viable."

Photographer provision:

"I leave all copyright to my commercial photography portfolio (approximately 8,000 images) to my business partner, who shall continue licensing through our agency. I leave copyright to my personal fine art photography (approximately 200 prints) to my sister. All income from licensing shall be divided 70% to my business partner, 30% to my sister."

Inheritance Tax on Intellectual Property and Royalties

Copyright and royalties are estate assets subject to inheritance tax if you're UK domiciled or the IP assets are situated in the UK. The standard rate is 40% on assets above the nil-rate band of £325,000.

HMRC's Shares and Assets Valuation team handles IP valuations. They examine projected future income streams, not just current annual royalties.

HMRC Valuation Process:

The Shares and Assets Valuation division looks at:

  • Historical royalty earnings (typically past 3-5 years)
  • Projected future income streams over a reasonable commercial period
  • Work's commercial lifespan (bestsellers vs declining sales)
  • Market trends in your creative field
  • Licensing potential and adaptation opportunities
  • Open market value (what a willing buyer would pay at date of death)

Executors must negotiate valuations with HMRC, and disagreements are common. A book earning £5,000 annually might be valued anywhere from £30,000 to £100,000 depending on whether HMRC believes sales will continue, increase, or decline.

Valuation Challenges:

Unpredictable income streams make IP hard to value. A bestselling book might decline rapidly, or a backlist title might suddenly surge due to a film adaptation.

Unfinished works are particularly complex. Is a manuscript 60% complete worth anything? HMRC might value it based on your track record of similar completed works.

The full 70-year copyright term rarely equals 70 years of commercial income. Most works generate meaningful revenue for 10-20 years, though classics continue indefinitely. HMRC applies realistic commercial lifespan estimates, not the full copyright duration.

Business Relief:

Business Relief may reduce IHT by 50% or 100% if you actively worked on your creative IP in the two years before death. This relief often applies to active creators who are still writing, composing, or producing work.

Business Relief typically does not apply if you retired from creating and are only receiving passive royalty income. If you haven't published anything new in five years and are living off backlist royalties, HMRC may deny Business Relief.

This is a complex area requiring specialist tax advice if your IP income is substantial.

Planning Strategies:

Consider gifting copyright during your lifetime. The seven-year rule applies—if you survive seven years after the gift, it falls outside your estate for IHT purposes. But be aware of capital gains tax implications if the copyright has increased in value.

Establish a trust to hold IP assets. This is complex and requires specialist legal advice, but can provide IHT advantages for valuable IP portfolios.

Life insurance can cover IHT liability on IP value, ensuring your family doesn't need to sell copyright to pay the tax bill.

Make regular gifts of royalty income using the £3,000 annual exemption. This reduces your estate value without transferring copyright ownership.

Tax Examples:

Mid-list author scenario: Emily earns £4,000 annually from royalties. HMRC projects 15 more years of commercial income and values her copyright at £45,000 after discounting. Her total estate is £400,000. That's £75,000 over the nil-rate band, generating an IHT bill of £30,000.

Bestselling author: Estates like Stieg Larsson's (Millennium trilogy) were valued at hundreds of millions, generating substantial IHT liability even under Swedish law.

Stock photographer: James's portfolio generates £12,000 annually. HMRC values it at £120,000 based on projected 15-year commercial lifespan. Combined with his £280,000 home, his estate faces IHT on £75,000 of value—£30,000 tax bill.

Ongoing Tax Obligations:

Royalty income received after death is taxed as income for beneficiaries, not IHT. If your estate continues receiving £5,000 annually in royalties for three years while probate is finalized, that £15,000 is income tax, not inheritance tax.

Executors must continue filing estate tax returns (form SA900) until all assets are distributed and the estate is finalized. This can take years for complicated IP portfolios.

What Happens to Your IP If You Die Without a Will

Intestacy rules apply to copyright and royalties exactly like physical assets—but the consequences for creative works are often more severe.

Under UK intestacy rules, your spouse or civil partner inherits the first £322,000 plus 50% of the remainder if you have children. Your children inherit the other 50%. Unmarried partners inherit nothing, even if you lived together for 20 years.

Problems with Intestacy for Creators:

The wrong person inherits your valuable IP. Your parents might inherit instead of your partner. Estranged family members you haven't spoken to in a decade might control your creative legacy.

Split ownership creates deadlock. If three children co-own your copyright equally, all three must agree on every licensing decision. One refusing blocks everything. Valuable opportunities are lost because heirs can't reach consensus.

No literary executor means no one has authority or expertise to make publication and licensing decisions. Your family doesn't know how to negotiate with publishers, doesn't understand industry standards, and may accept unfavorable deals or miss opportunities entirely.

Frozen royalties while probate is resolved. Publishers, platforms, and licensing partners often freeze payments until legal ownership is clarified. This can take 6-18 months, leaving your family without income they depend on.

Artistic integrity is completely ignored. Heirs may approve film adaptations that would have horrified you. They might publish your private journals or unfinished work you wanted destroyed.

Real-World Consequences:

Marcus's father from the opening scenario was a session musician. Under intestacy, his royalties went to his children (including Marcus), not his spouse. His mother received nothing despite depending on that £400 monthly income for 15 years. She struggled financially while Marcus and his siblings received money they didn't need.

Consider two unmarried authors in a long-term relationship, both creating work inspired by their shared life. Partner A dies without a will. Her parents—who disapproved of the relationship and haven't spoken to her in five years—inherit copyright to collaborative works under intestacy. Partner B, who co-created the series over 20 years, has no legal rights whatsoever. The parents refuse to allow publication of their daughter's final novel because they disapprove of its themes.

A visual artist with four adult children dies intestate. His photography portfolio (8,000 images) is worth £150,000 in projected licensing income. The four children inherit copyright equally. Two want to license commercially to maximize income. Two want to preserve their father's artistic integrity and refuse commercial exploitation they believe cheapens his work. Deadlock. No licensing occurs. The portfolio generates nothing, and the children argue bitterly.

An award-winning novelist dies with an unfinished manuscript 75% complete. Under intestacy, distant cousins inherit. They hire someone to finish it quickly and publish it without editing. The book gets terrible reviews, damaging the author's lifetime reputation. The author would have been horrified—but left no instructions.

Financial Impact:

Author with £8,000 annual royalties dies intestate. Probate takes 14 months. Her publisher holds £9,333 in royalty payments until legal ownership is determined. Her family needs that income to pay the mortgage but can't access it.

Photographer's licensing income freezes for 11 months while his unmarried partner (who ran the business with him) fights intestacy rules that give everything to his elderly parents. She loses clients and income she depends on while the estate is settled.

Protecting Your Moral Rights and Creative Legacy

Moral rights protect your personal connection to your creative work, separate from the economic value of copyright. Under the Copyright, Designs and Patents Act 1988, moral rights last 70 years after death—the same duration as copyright.

Unlike copyright, moral rights cannot be sold during your lifetime. But they can be bequeathed in your will, and they pass automatically to whoever inherits your copyright.

The Four Moral Rights in UK Law:

Right of Paternity (to be identified as author):

You have the right to be credited as creator whenever your work is published, performed, or displayed. This right must be "asserted" during your lifetime to be enforceable. Once asserted, it continues after death. Your heirs can ensure your name always appears on your work.

Right of Integrity (to object to derogatory treatment):

You can prevent modifications, adaptations, or uses that harm your reputation or distort your work. After death, your heirs enforce this right. They can refuse licensing requests that would degrade or misrepresent your creative vision.

Right Against False Attribution:

You have the right not to have work falsely attributed to you or to be named as author of work you didn't create. This lasts your lifetime plus 20 years (shorter than other moral rights).

Privacy in Photographs and Films:

If you commissioned private photographs or films, you have privacy rights even if the photographer owns copyright. This protects personal and family photos from commercial exploitation.

Using Your Will to Protect Legacy:

Appoint a literary executor who understands and respects your artistic vision. Provide specific guidance in your will about acceptable and unacceptable uses of your work:

"I direct my literary executor to refuse any film adaptations that alter the anti-war themes of my novels or that glorify violence I intended to critique."

"All licensing of my photographs must include attribution in the form 'Photograph © [Year] Rachel Morrison' to preserve my paternity right."

Address unfinished works explicitly:

"My unfinished manuscripts shall not be published unless my literary executor determines they are substantially complete (at least 80%) and can be finalized without ghostwriting that would distort my voice."

Or specify destruction:

"My personal journals and any manuscripts less than 50% complete shall be destroyed and shall not be published under any circumstances."

Name a person committed to enforcing your moral rights:

"I bequeath my moral rights to be identified as author and to object to derogatory treatment to my daughter Emma, who understands my artistic values and shall enforce these rights to protect my reputation."

When to Waive Moral Rights:

Some creators choose to waive moral rights to give heirs maximum commercial flexibility. Waiving integrity rights allows adaptations that might otherwise be blocked, potentially increasing licensing income.

This is common in commercial contexts. Work-for-hire agreements often require moral rights waivers. Collaborative projects may require waivers to allow modifications.

Include in your will:

"I waive my moral rights to allow my beneficiaries maximum commercial flexibility in licensing and adapting my works to generate income for my family."

Examples of Moral Rights Protection:

The estate of Anthony Burgess objected to a stage adaptation of "A Clockwork Orange" that altered the ending, using moral rights to block the production.

A photographer's estate requires attribution on all licensed photos—"© 2024 James Mitchell Photography"—ensuring the creator's name lives on with every commercial use.

Personal family photos taken by a professional photographer: the subjects' families retain privacy rights even though the photographer owns copyright. The photos can't be published or sold commercially without the family's consent.

A novelist includes this provision in her will: "I direct my literary executor to refuse any film adaptations that alter the feminist themes of my novels, minimize the female protagonists' agency, or are produced by companies with documented records of workplace harassment or discrimination."

Your creative work represents years of your life, your values, and your vision. Moral rights ensure it's treated with respect even after you're gone.

Practical Steps to Include IP in Your Will Today

Move from information to action. You can complete these steps this week.

Step 1: Audit Your Intellectual Property (30 minutes)

List all published works:

  • Books, articles, blog posts, essays
  • Musical compositions and recordings
  • Photographs (commercial portfolio and personal work)
  • Artwork (paintings, illustrations, digital art)
  • Videos, films, podcasts
  • Software, apps, code

List unpublished and unfinished works:

  • Manuscripts in progress (note percentage complete)
  • Unreleased recordings and demos
  • Sketches and preparatory work

Identify ongoing contracts:

  • Publishing agreements with active royalties
  • Stock photo licensing (Shutterstock, Getty, etc.)
  • Music streaming (Spotify, Apple Music)
  • Distribution agreements

Calculate annual royalty income: £_____

Estimate projected value over realistic commercial lifespan (10-30 years): £_____

Check copyright ownership vs royalty-only rights. Review your contracts. Do you own copyright or just receive royalties?

Step 2: Decide Who Should Inherit What (20 minutes)

Who needs the income? Consider your spouse, children, and dependents who rely on creative income.

Who shares your artistic values? For moral rights and publication decisions, consider who would honor your creative vision.

Should IP be kept together or split? Sometimes keeping all copyright with one person avoids deadlock. Other times, splitting makes sense (published works to one child, unpublished to another).

Do different works need different beneficiaries? You might leave commercial work to one person and personal artistic work to another.

Step 3: Determine If You Need a Literary Executor (10 minutes)

Ask yourself:

  • Is annual royalty income over £2,000? (Literary executor recommended)
  • Do you have multiple works with different contracts? (Literary executor likely needed)
  • Do you have unfinished works requiring publication decisions? (Literary executor essential)
  • Are international rights or translations involved? (Literary executor helpful)
  • Does your family lack industry knowledge? (Literary executor highly recommended)

If yes to two or more questions, identify a candidate: your agent, editor, publisher, fellow creator, or trusted family member with creative industry experience.

Step 4: Write Specific IP Provisions (15 minutes)

Use clear language based on what you actually own:

Simple inheritance: "I leave all copyright, intellectual property rights, and royalty income from my creative works to my spouse."

Percentage split: "I leave 60% of all royalty income to my spouse and 40% divided equally among my children."

Specific works: "I leave copyright to my novels to my daughter; copyright to my photography to my son."

Royalties only (if you don't own copyright): "I leave all royalty payments from my music recordings to my children in equal shares."

Address unpublished works: "My literary executor shall have discretion to publish unpublished works if substantially complete and commercially viable."

Include moral rights: "My moral rights shall pass with copyright to my designated beneficiaries."

Step 5: Create Supporting Documents (20 minutes)

List all IP assets in a schedule you attach to your will or keep with it. Include:

  • Titles of all works
  • Publication dates
  • Copyright registration numbers (if applicable)
  • Current publishers and contracts
  • Annual income from each work

Document contact details:

  • Publishers and their royalty departments
  • Literary agents
  • Stock photo platforms and accounts
  • Streaming services
  • Licensing partners

Create a secure file with:

  • Account usernames and passwords for royalty portals
  • Contract copies
  • Copyright certificates

Write a separate letter to your literary executor with artistic integrity guidance they should follow when making publication and licensing decisions.

Step 6: Make Your Will

For simple scenarios, use WUHLD's online will service:

  • "Leave all copyright to spouse"
  • "Divide royalties equally among children"
  • Basic IP inheritance fits WUHLD's system perfectly
  • £99.99 vs £650+ for a solicitor
  • 15 minutes to complete online

For complex scenarios, consult a specialist solicitor if you have:

  • Valuable IP portfolio (£20,000+ annual income)
  • Multiple literary executors with detailed powers
  • International rights across numerous territories
  • Ongoing litigation or copyright disputes
  • Trust structures for tax planning
  • Business partnerships with IP implications

Even with complexity, you can start with WUHLD for basic provisions and consult a specialist for additional clauses.

Step 7: Update Regularly

Review your will:

  • When new major work is published
  • After significant contract changes
  • If beneficiary circumstances change (marriage, divorce, births)
  • Annually review your IP asset list

Quick Wins You Can Do Today:

  • Spend 20 minutes listing every creative work you've produced in the past 5 years
  • Check one publishing contract to see if you own copyright or just receive royalties
  • Identify one person who could serve as your literary executor
  • Calculate your approximate annual royalty income from all sources
  • Total the estimated value (annual income × realistic commercial years)

That number is what your family stands to lose if you die without a will.

Frequently Asked Questions

Q: Can I leave copyright to someone in my will?

A: Yes, copyright is property that can be inherited. Under UK law, copyright lasts for 70 years after your death and can be left to anyone you choose in your will. You can transfer copyright ownership to specific beneficiaries, ensuring they receive royalties and control over how your work is used.

Q: What's the difference between copyright and royalties in a will?

A: Copyright is the legal ownership of creative work, while royalties are the income payments from that work. If you own copyright, you control reproduction and licensing. If you only receive royalties (common for musicians, actors), you must specify "royalties" in your will—not "copyright"—or your beneficiaries won't receive the payments.

Q: What is a literary executor and do I need one?

A: A literary executor is a person appointed to manage your creative works after death—deciding on republication, film rights, licensing, and collecting royalties. Authors, composers, and creators with ongoing commercial works should appoint one. They can be the same person as your main executor or someone with industry expertise.

Q: Are royalties subject to inheritance tax in the UK?

A: Yes, copyright and royalties are subject to inheritance tax if you're UK domiciled or the assets are situated in the UK. HMRC values IP based on projected future income streams. Business Relief may apply if you actively worked on the IP in the two years before death.

Q: What happens to my moral rights when I die?

A: Moral rights (to be identified as author and object to derogatory treatment) last 70 years after death in the UK. They pass automatically with copyright to whoever inherits your work. Unlike copyright, they can't be sold during your lifetime but can be bequeathed in your will.

Q: Can I include unpublished works in my will?

A: Yes, you can and should include unpublished manuscripts, compositions, artwork, and other creative works in your will. Specify who inherits them and whether they have permission to publish. Without clear instructions, disputes can arise between heirs about whether to release unfinished work.

Q: How do I value intellectual property for my estate?

A: IP valuation for inheritance tax requires professional assessment. HMRC's Shares and Assets Valuation team examines projected income streams (royalties, licensing), comparable sales, and market conditions. For active creators, valuation considers past earnings trends and potential future commercial exploitation over the 70-year copyright term.

Conclusion

Your creative work deserves the same protection as your home or savings. These principles ensure your family benefits from decades of your effort:

  • Copyright lasts 70 years after death—potentially hundreds of thousands in royalty income for your family
  • Distinguish between copyright ownership and royalty rights; use precise language in your will or beneficiaries receive nothing
  • Appoint a literary executor if you have ongoing commercial works to manage licensing and protect your artistic legacy
  • Include unpublished works, digital content, and moral rights in your will to prevent family disputes
  • Basic IP provisions fit standard online wills; complex portfolios need specialist advice

Marcus finally made his will after watching his mother struggle with his father's frozen royalties. He appointed his literary agent as executor and left all copyright to his twins in trust until they reach 25. His six books will continue supporting his family for 70 years after he's gone—potentially £500,000 in total income over the copyright term. His creative legacy has become their financial security.

Your words, music, images, and ideas are property worth protecting.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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