Estates
What to do when a PerformerDies
When a performer dies please contact Patricia Lanca at ACTRA PRS as soon as possible via email planca@actra.ca or call 416-489-1311, ext. 5022. ACTRA PRS will make arrangement to send the appropriate forms for completion and advise if further documentation is required.
ACTRA Fraternal Benefit Society(AFBS) must also be notified as well as any other union or benefit provider theperformer may have been associated with. The AFBS contact is Vivienne Coelho atvcoelho@actrafrat.com or416-967-6600 ext. 245.
Supporting original documentationconfirming that the performer is deceased must be provided to both ACTRA PRSand AFBS.
Administration Fees
ACTRA PRS charges an administration fee on all residual payments made to performers pursuant to the Independent Production Agreement (IPA).
These fees are as follows:
| Member Category | Administration Fee | Admin Fee after death |
| Full Active Members | 5% | 5% |
| Non-members | 25% | 25% |
| Suspended Members | 25% | 5% |
| Withdrawn Members | 25% | 5% |
| Resigned Members | 25% | 5% |
| Apprentice Members | 25% | 25% |
| Permitee Members | 25% | 25% |
Make a Will or Trust
Residuals are consideredthe property of the performer and are payable for as long as their work isexhibited somewhere in the world.As property, residuals can be inheritedby the performer’s benefactor(s) though a last Will and Testament and/or livingTrust.
To ensure that residualscontinue to be properly disbursed, it is suggested that performers makespecific provisions for them by way of a Will or a Trust.
- If a performer chooses to “split” his or her residuals among more than one beneficiary the performer may designate a “Nominee”;
- If multiple beneficiaries are named in a will or trust and a performer has not named a Nominee, all beneficiaries must come to an agreement of who is named the Nominee;
- The Nominee will be responsible for sharing the residuals among the other beneficiaries.
PLEASE NOTE:Anomination is not an interest in property and does not transfer upon death. Ifthe Nominee is no longer able to accept residual payments and distribute themeither due to his (or her) own death or incapacity, the original beneficiariesmust choose a new Nominee. To avoid this difficulty, it is certainly possibleto choose a bank, a trust company or a similar corporation to act as a Nomineeand distribute the residuals accordingly.
Corporations
If a performer directsthe payment of their residuals to a corporation upon their death, residualswill continue to be paid to that corporation until the corporation is dissolvedor until ACTRA PRS is directed otherwise by the Estate.
Frequently AskedQuestions:
1. Can I designate abeneficiary for my residuals prior to my death?
You cannot designate abeneficiary in advance of your death but you can give a Letter of Direction toACTRA PRS to pay your residuals to another person or organization.If yourlast will and testament sets out a different beneficiary than indicated in theLetter of Direction provided to ACTRA PRS, the last Will and Testament will supersede the Letter ofDirection.
2. As a beneficiary, arethere any benefits (other than residuals) payable to me when a performer dies?
There are no otherbenefits payable through ACTRA PRS: however, you should contact AFBS usingthecontact information noted above.
3. What if a performer dies without a last Will & Testament or a Trust?
Contact ACTRA PRS using thecontact information noted above for further instructions.
4. As a beneficiary, am I entitled toresiduals even if the deceased performer was not a member of ACTRA?
Yes. Residuals continue for as long as the performer’s property/performance(s)continue to be exhibited somewhere in the world. Contact ACTRA PRS to obtain the proper documentation and further instruction.
