Residuals Payments After Death

Residuals for Deceased Members

Explanation of Disbursement of Residual Payments After Death: This notice describes the residual compensation payable to you under the Writers Guild of America Theatrical and Television Basic Agreement (“MBA”), as well as your right to select a beneficiary or beneficiaries to receive such compensation upon your death. Your residuals will be disbursed pursuant to the terms of your will (or trust document) or under intestacy law if you do not have a will, as well as under the terms of community property as may apply.

Residual Compensation: Residuals are compensation paid for the reuse of a credited writer’s work. When you receive credit on produced, Guild-covered material, you are entitled to compensation if that material is reused beyond its initial exhibition. Generally, this means that if there is reuse of your theatrical motion picture in a market other than the theatrical market, or if your television project is reused in any market after its initial broadcast, you will receive residual compensation.

In 1977, the Guild negotiated for the member’s right to receive residual compensation in perpetuity. As a result, even after your death, you will continue to receive residual compensation if your material is reused.

Updating beneficiaries

Upon the death of a writer or the beneficiary of a deceased writer, the Membership Administrator and/or the Residuals Administrator should be notified as soon as possible.

To make outstanding/future residual checks payable to an updated beneficiary, the WGAE requires the following documentation:

• A copy of the death certificate;
• A copy of the will (if one exists);
• A copy of the legal documentation indicating the legal beneficiary (e.g., Letters Testamentary, Certificate of Voluntary Administration, Probate, etc.);
• The completed WGAE Beneficiary Affidavit form (PDF), along with any applicable documentation listed in the Affidavit;
• If applicable: A completed Assignment of Beneficiaries form (PDF), if there are multiple beneficiaries¹;
• If applicable: Copies, with “VOID” marked across them, of any outstanding checks that the beneficiaries are unable to cash²;
• A signed cover letter requesting the change, which includes the name, current address, Social Security or Tax ID Number, and phone number/email address of the new beneficiary.

If there is more than one beneficiary

Please note that production companies will not split checks. If there is more than one beneficiary, the beneficiaries will need to agree on a single person or entity who will receive the checks and then be responsible for distributing the payments to all beneficiaries.

In this case, you will also need to complete an Assignment of Residuals form and return it with the other paperwork.

Outstanding checks

If the deceased member received any checks before the beneficiary paperwork was submitted and that the beneficiaries are unable to cash, please email the WGAE Residuals department copies of those checks with VOID marked across them. The Residuals department will request that they be reissued to the new beneficiary.

Submitting paperwork

You can submit completed paperwork to the WGAE Residuals Department via email. Once we receive the paperwork, the WGAE Residuals staff will forward the information on to the production companies who issue checks for the writers’ work.

Note: Notification to the Pension Plan and Health Fund does not replace notification to the WGA Membership Department and/or the Residuals Estates/Trusts Desk.

For additional information, contact the WGAE Residuals Department via email or call the WGAW Estates/Trusts Desk at (323) 782-4700.