For freelance writers and those who produce writing work for a living, you may be working so hard at just getting through the daily grind that you haven’t even thought of what to do about your writing work after you die. However, it can be a good idea to include provisions for your writing–copyrights, published and non-published work, notes, journals, etc. in your Will.
You may want to name someone to be a “literary executor” in your Will. This person will make decisions regarding what can and can’t be published, what to do with current works, etc. This doesn’t have to be same person you have named to be in charge of other decisions and you may even want to take some time and put special care into choosing someone whom you can not only trust, but who also knows how you’d like your writing work to continue or be represented.
In addition to choosing a person to look after your writing work, you may also want to list what can and cannot be published posthumously. If you do not want journals or notes to find their way into publication, you can clarify that in your will. You can also distribute your writing income and/or revenue in your will. For example, if you want any revenue generated from your writing after your death to be distributed to your children equally, you can put this in writing and name your literary executor to make sure this happens.
It is a good idea to consult with your attorney in preparing the Will. A trip to your local library or bookstore can also be a good resource in finding legal advice and suggestions specifically geared toward writers. Keep in mind that just because you update your Will once to include references to your writing work, that doesn’t exclude you from needing to make changes. Should you publish additional work, or find your writing becomes more known or “in demand”—you may need to make additional provisions for how your work will continue after your death.