Description
This template Will for Indigenous Artists shares the artist’s assets equally among nominated family members. It is intended for use by an artist who is a member of an Indigenous art centre. It includes clauses specifically designed to deal with copyright, resale royalties and the artist’s agreement with the art centre. It may not be appropriate for all artists or all family situations. It also deals with culturally significant issues such as the use of the artist’s image after that artist has passed away.
If an artist passes away without a will, the rules of intestacy of the State in which the artist lived will apply. For more information see Arts Law’s information sheets on intestacy.
If an artist passes away after making a will, the executor has responsibilities for the management of the estate in accordance with the will. For more information see Arts Law’s information sheets on wills administration for each state.
Learn about the importance of having a will through Albert Namatjira’s story about copyright and a will.
How to Use this Agreement
This agreement is a sample only. You need to download the full document below (it is free to download) and change the template agreement to meet your specific circumstances.
At times you need to choose from an alternative that is appropriate for the agreement you want to make. Alternatives are written in the sample agreement in this form:
*any of my children/any of the Beneficiaries*
At other times you need to insert information such as names, dates or descriptions that are specific to the agreement you are making. Where this is necessary you will be prompted by an expression in square brackets like this:
*[NAME]*
This sample agreement might also include instructions above clauses to which they relate. The instructions are in square brackets like this:
*[SELECT EITHER CLAUSE…]*
Step 1
Read the accompanying Explanatory Notes.
Step 2
Ensure that the will is appropriate for your situation. If you are unsure, you can contact Arts Law for advice.
Step 3
Draft your will. You will need to create a new document by saving this sample document on your computer. This sample document is formatted in such a manner that the numbering of clauses will be automatically updated if you insert new clauses or delete existing ones, for instance where you are requested to choose between two alternative clauses. The cross-referencing will also be updated. If necessary, you can update it by highlighting your whole document (Crtl + A), then pressing Shift + F9 followed by F9 only.
Remember to remove the Ù symbols and to make your choices if needed or insert information when required. Delete all instructions from the agreement.
Step 4
It is a good idea to have your draft will reviewed if you are unsure whether it meets your requirements. If you contact Artists in the Black, we can arrange to have your draft will reviewed.
You must have your draft will reviewed if you have made material changes to the sample document, i.e. if you have changed the meaning of any clause. Artists in the Black is not responsible for any loss suffered as a result of any change to the wording of the sample will. To the extent permitted by law, Artists in the Black excludes any liability, including any liability for negligence, for any loss, including indirect or consequential damages arising from or in relation to of any change to the wording of the sample will.
Useful Readings
- Artists in the Black, Information Sheet Copyright
- Arts Law Centre of Australia, Information Sheet Resale royalty rights for visual artists
- Arts Law Centre of Australia, Information Sheet Managing your copyright by joining a collecting society
- Arts Law Centre of Australia, Information Sheets Intestacy
- Arts Law Centre of Australia, Information Sheets Wills administration
Need More Help?
Contact Artists in the Black if you have questions about a estate planning or want your draft will reviewed.
Telephone: (02) 9356 2566 or toll-free outside Sydney 1800 221 457
