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20-436: The Collected Works is intended to supersede the 11-volume The Works of Jeremy Bentham (1838–1843), edited by Bentham's friend and literary executor , John Bowring , which is now considered to be flawed in many points of detail, and which omits Bentham's writings on religion; and also the 3-volume Jeremy Bentham's Economic Writings (1952–54) edited by Werner Stark , which has likewise been subject to criticism. The series

40-453: A deceased author consists mainly of the copyright and other intellectual property rights of published works, including film , translation rights, original manuscripts of published work, unpublished or partially completed work, and papers of intrinsic literary interest such as correspondence or personal diaries and records. In academia , the German term Nachlass for the legacy of papers

60-409: A person's actions may subsequently be ratified by the lawful executors or administrators if the actions do not contradict the substantive provisions of the deceased's will or the rights of heirs at law. When there is no will, a person is said to have died intestate —"without testimony." As a result, there is no tangible "testimony" to follow, and hence there can be no executor. If there is no will or

80-458: A personal representative of any kind is referred to as an executor, using executor nominate to refer to an executor and executor dative to an administrator. Any person designated as an executor may choose not to administer the estate. In the UK, upon making that choice the designated person may execute a "power reserved" letter, which will allow the person to later act as executor if the person named on

100-400: A practical guide (1990, UK) "A will may appoint different executors to deal with different parts of the estate. One example of this is the appointment of a literary executor to deal with literary effects [...]". Since the literary estate is a legacy to the author's heirs , the management of it in financial terms is a responsibility of trust. The position of literary executor extends beyond

120-488: Is Christopher Tolkien 's work on J. R. R. Tolkien 's papers. A notable example is the case of Franz Kafka , who left no will. His friend Max Brod assumed the function of literary executor, though most of the literary estate was legally owned by Marianne Steiner and Věra Saudková. Executor An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix , may sometimes be used. An executor

140-635: Is Elisabeth Förster-Nietzsche for Friedrich Nietzsche , as she resorted to fraud to make her brother's Nachlass more compatible with Nazi ideology. An exceptionally productive example is that of Rudolf Steiner . Although he did not originally intend that the stenographs of his thousands of lectures be published, he relented and named his second wife, Marie Steiner-von Sivers , to direct his Nachlass , which has produced more than three hundred volumes since his death in 1925. Older examples of such appointments, such as Kenelm Digby for Ben Jonson , are essentially editorial rather than legal. A contemporary case

160-483: Is a legal term referring to a person named by the maker of a will or nominated by the testator to carry out the instructions of the will. Typically, the executor is the person responsible for offering the will for probate , although it is not required that they fulfill this. The executor's duties also include handing over property to the beneficiaries as designated in the will, obtaining information of potential heirs , collecting and arranging for payment of debts of

180-686: Is being published under the auspices of the Bentham Project, based in the Faculty of Laws at University College London , whose library holds the majority of Bentham's surviving manuscripts. The Bentham Project currently consists of four members of staff: Professor Philip Schofield, the Director of the Project and General Editor of the Collected Works, Dr Tim Causer, Dr Chris Riley, and Dr Peter Lythe. Since 2010

200-426: Is often used. A literary executor is a person acting on behalf of beneficiaries (e.g. family members, a designated charity, a research library or archive) under a deceased author's will . The executor is responsible for entering into contracts with publishers, collecting royalties, maintaining copyrights, and (where appropriate) arranging for the deposit of letters. According to Wills, Administration and Taxation:

220-590: The Athlone Press (once the University of London 's publishing house, now defunct). From 1983 ro 2019 it was published by Oxford University Press under its Clarendon Press imprint. The first five volumes of Correspondence , originally published by Athlone Press, were reissued with minor corrections in 2017 by UCL Press , both in hard copy and in open access electronic formats. Since the publication in February 2022 of

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240-718: The 35th volume in the edition, Panopticon versus New South Wales, and Other Writings on Australia, the Collected Works has been published by UCL Press, which makes available books in hardback, paperback, and open access PDF formats. The General Editors of the series have been: J. H. Burns (1961–79); J. R. Dinwiddy (1977–83); Fred Rosen (1983–94); Fred Rosen and Philip Schofield (1995–2003); and Philip Schofield (2003–date). 12 volumes of Correspondence , of an eventual 14, have so far been published; and 23 volumes of Works . The Works volumes are not sequentially numbered. Those volumes which have been published to date are as follows: Literary executor The literary estate of

260-524: The Grant of Probate is removed or is no longer able to act. In some countries, such as the United States, an executor is automatically entitled to compensation for his or her services, although this amount varies dramatically by jurisdiction. Unless specifically set by the will, this compensation is often determined by what is considered "reasonable" for the effort involved, although in a number of jurisdictions,

280-489: The Project has also run Transcribe Bentham , a project for transcribing Bentham's manuscripts through crowdsourcing , the output of which is intended, once edited, to appear in future Collected Works volumes. The Bentham Project is governed by the Bentham Committee, which was established in 1959. The first volume in the Collected Works appeared in 1968, and to date 35 volumes have been published. The initial estimate

300-644: The dead. For example, biographical writing is likely to be of a quite different authority if it is carried out with access to private papers. The literary executor then becomes a gatekeeper. Examples of literary executors include Sir Edward Marsh for Rupert Brooke , Robert Baldwin Ross for Oscar Wilde , Robert Hayward Barlow for H. P. Lovecraft , Rush Rhees , G. H. von Wright and G. E. M. Anscombe for Ludwig Wittgenstein , Otto Nathan for Albert Einstein , Regine Olsen for Søren Kierkegaard and Paul Williams for Philip K. Dick . A particularly notorious example

320-469: The estate and approving or disapproving creditors ' claims. An executor will make sure estate taxes are calculated, necessary forms are filed, and the corresponding payments are made. They will also assist the attorney with the estate. Additionally, the executor acts as a legal conveyor who designates where the donations will be sent using the information left in bequests, whether they be sent to charity or other organizations. In most circumstances,

340-418: The executor is the representative of the estate for all purposes, and has the ability to sue or be sued on behalf of the estate. The executor holds legal title to the estate property, but may not use the title or property for their own benefit, unless permitted by the terms of the will. A person who deals with a deceased person's property without proper authority is known as an executor de son tort . Such

360-412: The executors named in a will do not wish to act, an administrator of the deceased's estate may instead be appointed. The generic term for executors or administrators is personal representative . In England and Wales , when a person dies intestate in a nursing home , and has no family members who can be traced, those responsible for their care automatically become their executors. Under Scottish law ,

380-511: The monetary aspect, though: appointment to such a position, perhaps informally, is often a matter of the author's choice during his or her lifetime. If a sympathetic and understanding friend is in the position of literary executor, there can be conflict: what is to be managed is not just a portfolio of intellectual property but a posthumous reputation. Wishes of the deceased author may have been clearly expressed but are not always respected. Family members often express strong feelings about privacy of

400-518: Was that the series would eventually run to approximately 38 volumes, but this figure has since risen to a projected total of 80. The series divides into two sequences: the Correspondence (including letters both to and from Bentham); and the Works , i.e. writings which Bentham intended for publication, although many never progressed beyond drafts or outlines. The series was published from 1968 until 1981 by

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