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Keeping the Brand together - Securing Creative Legacy On Death
25th March, 2026 by Isabel Solarte
For most people, deciding who should be appointed as executor and trustee of their estate is relatively straightforward. The role will usually fall to those closest to them: a spouse, family member or trusted friend. For those in the public eye, however, the decision is rarely so simple. As the saying goes, it can often be lonely at the top.
Understanding creative estates – intellectual property, brand value and reputation
For individuals whose wealth is tied to creative work, an estate may contain far more than property and investments. It may also include intellectual property such as music, books, films, artwork or other creative material, together with the individual’s personal brand and reputation. These assets can continue to generate income and attract public attention for many decades after death. In these circumstances, appointing someone without specialist knowledge of the industry may not be enough to protect the creator’s long-term legacy.
Imagine being a lay executor suddenly faced with decisions affecting the rights and reputation of a globally recognised pop star, an acclaimed author, an award-winning actor or a renowned artist. Questions may arise around whether a name or image should be licensed for commercial use, whether previously unpublished material should be released, how archives should be managed, or whether brand partnerships and merchandise should be approved.
For someone without knowledge of the relevant industry, or without a clear understanding of the creator’s wishes, these decisions could quickly become overwhelming. Even with the best intentions, choices might be made very differently from the way the deceased would have decided.
How posthumous decisions could damage a brand
For example, releasing unfinished work after death may generate substantial revenue but could risk misrepresenting the creator’s artistic standards or intentions. Similarly, licensing a brand for advertising or merchandise might provide immediate financial benefit while gradually weakening the reputation that made the work valuable in the first place. Some artists have been particularly vocal on this issue. Members of both The Beatles and the Beastie Boys, for example, have historically expressed strong opposition to their music being used in advertising campaigns. A lay executor focused primarily on generating income for the estate may not appreciate the importance of maintaining that position.
For this reason, individuals with significant creative assets may wish to consider appointing what is sometimes known as an artistic executor.
What is an artistic executor?
An artistic executor is typically someone with a deep understanding of the creator’s work, values and professional world. This might be a long-standing manager, agent, producer, collaborator or trusted professional adviser who has worked closely with the individual during their lifetime.
Their role is not to replace the executors responsible for administering the estate, such as dealing with property, bank accounts and other financial assets. Instead, they provide guidance and oversight in relation to the creative aspects of the estate, including the management of intellectual property, brand rights and the individual’s body of work.
In practical terms, this may involve advising on whether unreleased recordings or manuscripts should be published, helping oversee the management of archives or exhibitions, and guiding decisions about how the creator’s name, brand and catalogue are used in commercial projects. Their involvement helps ensure that decisions are made with an understanding of both the creative context and the commercial realities of the relevant industry.
The aim is not to complicate the administration of the estate, but to ensure that decisions affecting a creator’s life’s work are made by people with the appropriate knowledge and perspective.
Securing creative legacy
As the commercial value of personal brands and creative catalogues continues to grow, the role of an artistic executor has become increasingly important. Careful planning during lifetime allows creators to shape how their work will be managed after death, helping to protect both the integrity of their legacy and the long-term value of the assets for future generations.
Our expert Private Client team advises individuals across the creative industries on estate planning involving intellectual property, brand rights and long-term legacy management. For further information or to discuss how we can assist, please contact Stephen Patch and Isabel Solarte.
In addition, our dedicated team of Intellectual Property experts provide advice on all aspects of intellectual property law including the protection and exploitation of intellectual property rights. For further information, please contact Hannah Steggles and Matthew Talbot from our Intellectual Property team.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.