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A will names an executor who is responsible for administering your estate. Your executor should be knowledgeable about your field so they can make informed decisions about your work. A will also names one or more beneficiaries who will receive your property after death. It is also possible to name advisors or trustees to guide your executor or beneficiary in making decisions regarding your art. You may also name an artistic trustee/heir who will administer the estate with the proceeds distributed to the beneficiaries. Before naming anyone connected with the will it is important to ascertain his or her willingness. If you die without making a will (dying "intestate"), your next of kin will have legal rights to your estate and its assets. Gay men, lesbians and others with unmarried partners should be aware that these relationships are not legally recognized and, therefore, their partners do not automatically have a legal right to their assets. For this reason, if you are gay, lesbian or have an unmarried partner, it is particularly important that you make a will if you want to ensure that your lover or friend inherits your estate.
You must be capable of understanding the contents of your will. This is a particular problem for people with AIDS because someone wanting to later contest the will could claim that you were suffering from dementia when you signed the will. A person contesting your will could also claim that someone had unfairly influenced you when planning your will or that the procedures used to execute the will were incorrect. There are several actions you can take to avoid this:
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