Where There’s a Will…

The Girl in the Spider's WebI regret to inform you that I am eternally behind the curve. My seventeen year old daughter would happily reveal that state of affairs, and does so at every opportunity (notwithstanding that it was I who first told her about Leon Bridges). So it is that it was only yesterday when I learned that this coming September 1 we’ll be seeing The Girl in the Spider’s Web, a fourth installment in the Lisbeth Salander canon (also known as The Millennium Trilogy) which began with the now world-famous The Girl with the Dragon Tattoo by Stieg Larsson.  The new volume will be written by David Lagercrantz, who has been retained to write it by Larsson’s estate, which consists of Larsson’s father and brother. And therein lays the rub.

The lead up to the publication of the Salander books has been covered exhaustively elsewhere and can be had with Google search. For our purposes today we’ll touch only on the high (or low) points. Larsson conceived the Salander canon as consisting of ten books. He wrote three, substantially completed a fourth, and outlined volumes five through ten. Larsson died of a heart attack in 2004, however, before any of the books were published.  A will which Larsson drafted in 1977 was discovered after his death, but his signature had been unwitnessed. The will was thus declared invalid under Swedish law. Worse, Larsson’s longtime companion, Eva Gabrielsson, could not inherit from him under intestate succession, which is the order in which relatives can inherit from someone who dies without a will. Larsson’s intellectual property — the Salander books — thus passed to his father and brother, who were his nearest living relatives but from whom, by most accounts, he had been estranged for many years.

last-will-and-testamentMany of us — me included — believe that we are going to live forever, or at least at a point far enough in the future where it won’t make any difference, and don’t have a will as a result. While Larsson went through the motions, he didn’t go through enough of them. It is doubtful that Larsson contemplated the possibility that he would be toasting marshmallows with Karl Marx and Leon Trotsky about the time that The Girl with the Dragon Tattoo was hitting the top of the bestseller charts all over the world. The result is that Larsson’s closest blood relatives  received his entire kit and caboodle.  Ms. Gabrielsson, with whom Larsson shared home and hearth, and who may well have contributed substantially to the creation and expression of Larsson’s work, will never receive so much as a krona of royalties, or have any say as to how her partner’s property is handled going forward. That is now up to Dad and Bro. If you were hoping that one day your child might go to school with a Lisbeth Salander lunchbox, or you were planning to obtain a removable dragon tattoo to spice things up on some weekend, don’t lose hope. It still could happen.

Don’t let this happen to you. If you have created a piece — or several pieces — of intellectual property, be they published, recorded, or otherwise, have a will drafted in which a specific bequest of that property — and everything else you have — is made. Spend the money and go to an attorney who specializes in such matters; your attorney will/should make sure that your will is executed properly and in accordance with the laws of your state. Please believe me: this is much better than writing it out on a cocktail napkin on the third night of Bouchercon. Insist that your will explicitly states 1) to whom you are giving, or bequeathing, the specific intellectual property and 2) that you are granting to your beneficiary full administrative rights over the property. Should there be something that you do not want done with the property (such as action figures or computer game licensing) this would be the time to mention as well: put your restrictions in writing. If while bestowing your property you exclude someone who would otherwise be the natural object of your bounty, state why you are making the choices you are making. Yes, you might hurt someone’s feelings. If, however, you state that you are leaving your intellectual property to your brother because you feel that your brother is better able to deal with business matters, contesting your will successfully will be problematic for your sister.

You laugh. But you never know. There are any number of authors who didn’t live to see, and thus enjoy, their success. Do you really want someone you don’t even like deciding how your work will be treated, or — even worse — a government official choosing who will control things? The answer of course is “no.” Don’t let your loved one, whoever they may be, end up like Eva Gabrielsson.