Famous Estates And Lasting Legacies: Damien Hirst

Introduction

For many people, the word “legacy” brings to mind belongings, property, money, or charitable gifts left behind in a Will. For others, legacy is about reputation, values, creative work, family history, or the impact they hope to have long after their lifetime. Damien Hirst, one of Britain’s most recognisable contemporary artists, offers an unusual example of someone thinking carefully about how his work and name may continue after death.

Damien Hirst’s approach to legacy

Hirst’s past artwork has often explored mortality, value and the human desire to leave something behind; through displays of preserved animal remains in formaldehyde and installations of live maggots and butterflies. Hirst’s plan, titled “Posthumous Paintings”, discusses the idea of creating instructions for works that could be produced for up to 200 years after his death. In particular, he has referred to the possibility of certificates giving others the right to make specific works in future years, based on ideas he has conceived during his lifetime and showing that legacy does not always end with the assets a person owns at the date of death. In the right circumstances, it can also include intellectual property, creative rights, business interests, personal wishes and carefully structured instructions about how those assets should be managed in future.

The concept is striking because it blurs the line between a completed artwork, an idea, and a future right. It also raises practical questions which are familiar in estate planning: who has authority to make decisions after death, who benefits financially, how instructions are evidenced, and how disputes can be avoided.

Although most estates will not involve high-value contemporary art or works to be produced 200 years in the future, the wider point is still relevant to everyone. Your estate may include more than your home, bank accounts and personal possessions. It may also include digital assets, business interests, royalties, sentimental items, charitable intentions, or family arrangements that need careful thought.

What can we learn from this?

In England and Wales, testamentary freedom allows you to decide who should inherit your estate and how your assets should be dealt with after your death. However, those wishes should be set out clearly and effectively. A professionally drafted Will can reduce the risk of uncertainty and help ensure that your estate is administered in accordance with your intentions and the law.

Careful planning can be particularly important if you have assets that require ongoing management, such as a business, intellectual property, artwork, investments, Will trusts, or charitable gifts. It can also be important where family circumstances are more complex, for example if you have children from a previous relationship, are not married to your partner, have vulnerable beneficiaries, or specific wishes about who should receive particular items.

Thinking about death can make us feel fear and anxiety but putting a Will in place is one of the most effective ways to protect the people and causes that matter to you. Whether your legacy is straightforward or more complex, taking advice during your lifetime can give you peace of mind that your wishes have been properly recorded. If you would like to discuss making or updating your Will, or if you have questions about planning for your estate, please get in touch with our Wills, Trusts and Estates team.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.