[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-163859-105":3,"detail-sidebar-cat-1-en-105":80,"doc-detail-163859-en":126},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":73,"head_meta":75,"extra_data":77,"updated_unix":79},105,"en","wills-kit-1-what-is-a-will","WILLS KIT - 1. What is a “Will”?","","WILLS KIT explains what a will is and how it governs the distribution of an Aboriginal or Torres Strait Islander visual artist’s money and belongings after death. It clarifies intestacy and partial intestacy outcomes, and why preparing a will can help align results with family and community expectations. The kit outlines the meaning of an estate, typical assets and liabilities, and how copyright and resale royalties form part of the artist’s estate.",{"@graph":14,"@context":72},[15,34,55],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/template/","Template",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/template/letters/","Letters",3,{"item":32,"name":10,"@type":21,"position":33},"https://docshare.wps.com/template/wills-kit-1-what-is-a-will/163859/",4,{"url":32,"name":10,"@type":35,"image":36,"author":41,"headline":10,"publisher":44,"fileFormat":47,"inLanguage":8,"description":12,"dateModified":48,"datePublished":49,"encodingFormat":47,"isAccessibleForFree":50,"interactionStatistic":51},"DigitalDocument",{"url":37,"@type":38,"width":39,"height":40},"https://docshare.wps.com/thumbnails/wills-kit-1-what-is-a-will/163859.png","ImageObject",442,249,{"name":42,"@type":43},"Alex Sinclair","Person",{"url":19,"name":45,"@type":46},"DocShare","Organization","application/vnd.openxmlformats-officedocument.wordprocessingml.document","2026-09-20","2026-08-31",true,{"@type":52,"interactionType":53,"userInteractionCount":26},"InteractionCounter",{"@type":54},"ViewAction",{"@type":56,"mainEntity":57},"FAQPage",[58,64,68],{"name":59,"@type":60,"acceptedAnswer":61},"What is a “Will” and what does it control after an artist dies?","Question",{"text":62,"@type":63},"A will is a legal document made during a person’s lifetime that sets out how their money and other belongings should be distributed to family and friends after death.","Answer",{"name":65,"@type":60,"acceptedAnswer":66},"What happens if someone dies without a valid will or only with a partial will?",{"text":67,"@type":63},"If a person dies without a valid will, they are said to have died “intestate,” and intestacy laws determine entitlement. If the will covers only some belongings, the person is “partially intestate,” and the law determines distribution of items not covered.",{"name":69,"@type":60,"acceptedAnswer":70},"What parts of an artist’s estate often matter most, such as copyright and resale royalties?",{"text":71,"@type":63},"An artist’s estate commonly includes copyright in artwork created during their lifetime, and it can earn royalties for reproductions. After the Resale Royalty Right for Visual Artists Act 2009 (Cth), eligible resale transactions in the 70 years after the artist’s passing also form part of the estate.","https://schema.org",{"og:url":32,"og:type":74,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":76,"canonical":32},"index,follow",{"doc_id":78,"site_id":7},163859,1788148013,{"code":4,"msg":81,"data":82},"success",[83,88,93,98,103,108,113,117,122],{"id":84,"doc_module":22,"doc_module_name":25,"category_name":85,"show_sort_weight":86,"slug":87},11,"Presentations",90,"presentations",{"id":89,"doc_module":22,"doc_module_name":25,"category_name":90,"show_sort_weight":91,"slug":92},12,"Resumes",80,"resumes",{"id":94,"doc_module":22,"doc_module_name":25,"category_name":95,"show_sort_weight":96,"slug":97},14,"Invoices",70,"invoices",{"id":99,"doc_module":22,"doc_module_name":25,"category_name":100,"show_sort_weight":101,"slug":102},15,"Posters",60,"posters",{"id":104,"doc_module":22,"doc_module_name":25,"category_name":105,"show_sort_weight":106,"slug":107},16,"Social Media",50,"social-media",{"id":109,"doc_module":22,"doc_module_name":25,"category_name":110,"show_sort_weight":111,"slug":112},17,"Forms",40,"forms",{"id":114,"doc_module":22,"doc_module_name":25,"category_name":29,"show_sort_weight":115,"slug":116},18,30,"letters",{"id":118,"doc_module":22,"doc_module_name":25,"category_name":119,"show_sort_weight":120,"slug":121},21,"Paper Templates",5,"papers-templates",{"id":123,"doc_module":22,"doc_module_name":25,"category_name":124,"show_sort_weight":4,"slug":125},158,"General","general-158",{"code":4,"msg":81,"data":127},{"doc_id":78,"user_id":128,"nickname":42,"user_avatar":129,"doc_module":22,"category_id":114,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":26,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":135,"language":136,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":12,"update_tm":79,"read_time":89},1099523882182,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","WILLS KIT - WHEN AN ABORIGINAL OR TORRES STRAITS ISLANDER ARTIST PASSES AWAY LEAVING A WILL IN NEW SOUTH WALES\n1. What is a “Will\"?\nA Will is a legal document that an artist or other person makes during their lifetime that sets out how they want their money and other belongings to be distributed among their family and friends when they pass away.\nIf a person passes away without leaving a valid Will, that person is said to have died “intestate”.  If they have a Will but it only deals with some of that person’s belongings, that person is said to have passed away \"partially intestate\". If a person passes away intestate, the laws of intestacy will determine who is entitled to have that person’s estate including any copyright and resale royalty.  If the person passes away partially intestate, then the law determines how to distribute those things that are not covered by the Will.\nThe intestacy rules may require the deceased person’s assets to be distributed in a way that is very different to the outcome that the family of the deceased person expect, and may also be very different to the result that the deceased person would have wanted.  In particular, these rules may be very different from the traditional or customary way of dealing with the passing of an Indigenous person. For that reason, it is usually sensible to prepare a Will to make sure that the estate goes to the family and community members that the artist believes should receive it.\nIn this information sheet, we focus on the process that is followed when an Aboriginal or Torres Strait Island visual artist passes away after having made a Will.\nWhat is the “Estate”?\nThe assets owned by a person at the time of their death are described as that person’s “estate”.\nThe estate can include real estate (property), cars, insurance policies, money in bank accounts, shares, artwork, furniture, jewellery and clothes and even debts owed to the person such as money due from the sale of artwork.  Sometimes the estate will also include mining royalties or superannuation. The estate may also owe money, such as for credit card bills or car payments.\nImportantly, every artist’s estate is likely to include copyright in the artwork created during his or her lifetime.  Copyright can be an important source of income for an artist’s family as it lasts for 70 years after the artist passes away.  The estate can earn royalties for the right to reproduce the artist’s paintings in auction catalogues, art books and merchandise long after the paintings themselves are sold and the artist has died.\nIn addition, since the passing of the Resale Royalty Right for Visual Artists Act 2009 (Cth), the artist’s estate will include the entitlement to resale royalties on all eligible commercial resales of the artist’s works which take place in the 70 years after the artist’s passing.\nFor most Aboriginal and Torres Strait visual artists, the most important assets in the estate are likely to be the following:\nMoney in any personal bank account held in the artist’s name;\nMoney held by the art centre from the sale of paintings;\nPaintings held by the art centre or a commercial gallery or dealer on consignment;\nResale royalties; and\nCopyright including entitlements to licensing royalties from collecting societies or under licensing deals negotiated during the artist’s lifetime.\nAs well as assets, the estate is also responsible for certain debts and other liabilities. The liabilities of the estate will include paying any costs associated with the funeral, and any other debts of the deceased artist such as any income tax that might be owed.\nIn this information sheet we only deal with the assets and liabilities listed above. If the estate contains assets or liabilities other than the ones mentioned above, we recommend you get legal advice as to the appropriate procedure to deal with them.\nWho are the ‘Beneficiaries’?\nThe people who are named in the Will as the ones who should receive the artist’s estate after he or she pas","cbCaiu3clAQvrWTw","https://ap.wps.com/l/cbCaiu3clAQvrWTw","docx",713986,34,"English","# 1. What is a “Will”? \n## Legal meaning of a will and intestacy\n## The meaning of an “estate”\n## Typical assets and liabilities\n## Beneficiaries\n## Executor and trustees","[{\"question\":\"What is a “Will” and what does it control after an artist dies?\",\"answer\":\"A will is a legal document made during a person’s lifetime that sets out how their money and other belongings should be distributed to family and friends after death.\"},{\"question\":\"What happens if someone dies without a valid will or only with a partial will?\",\"answer\":\"If a person dies without a valid will, they are said to have died “intestate,” and intestacy laws determine entitlement. If the will covers only some belongings, the person is “partially intestate,” and the law determines distribution of items not covered.\"},{\"question\":\"What parts of an artist’s estate often matter most, such as copyright and resale royalties?\",\"answer\":\"An artist’s estate commonly includes copyright in artwork created during their lifetime, and it can earn royalties for reproductions. After the Resale Royalty Right for Visual Artists Act 2009 (Cth), eligible resale transactions in the 70 years after the artist’s passing also form part of the estate.\"}]","WILLS KIT - 1. What is a “Will”? | DOCX"]