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№ 301 Case Study — Wills & Estates

A Book's Royalties Got Stuck Between an Estate and a Co-Author

A modest self-published book had paid out a small, steady royalty for years on a handshake split with no paperwork behind it, and that was fine until the author who cashed the cheques was gone.

Wills & Estates7 min readCaledonia, OntarioOngoing royalties and residual income
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ClientAdnan, settling his aunt Ayesha's estate and its share of royalties from a book she co-wrote with Indah
The issueA vague, unwritten royalty split between Ayesha and her co-author Indah froze payments after Ayesha's death
ServiceDocumented the original arrangement, pressed the publishing platform, and negotiated a formal split with Indah
ResolutionPayments resumed on a reduced, formally agreed share, with a partial release of the back payments held in limbo

The situation

For nine years, the plan worked exactly the way Ayesha had described it to Adnan over Sunday dinners. She and Indah had written a book together back when they were both starting out, self-published it through an online platform, and split the modest but steady royalty payments that came in every quarter. It was never a large amount, a few hundred dollars some quarters, occasionally more when the book had a good stretch, but it arrived reliably, and Ayesha had always told Adnan that when she was gone, her share would come to him. She said it often enough, at enough family gatherings, that it had become one of those settled family facts nobody thought to question.

Ayesha, a school bus driver in Caledonia, never treated the arrangement as something that needed formal paperwork. She and Indah had agreed on the split verbally, years earlier, back when the book was a shared project between two friends rather than a modest but ongoing source of income. The platform simply paid Ayesha's portion into her own account each quarter without either of them ever signing anything that set the terms down in writing. It was the kind of informal understanding that works perfectly well right up until one of the two people involved dies, at which point everyone discovers how much was actually resting on memory and goodwill rather than anything enforceable.

Ayesha had written a will herself using an online template a few years before her death, naming Adnan as executor and leaving him, among other things, 'my share of the book royalties.' It was a reasonable instinct and an incomplete instruction. It did not identify the book, the platform, the co-author, or the percentage split, and it gave no one outside the family any way to verify what Ayesha's actual entitlement had been, or to prove it to anyone who had reason to ask.

When Ayesha died, Adnan, a forklift operator with no experience administering an estate, tried to sort out the royalties himself. He contacted the publishing platform directly, was told the account would be frozen pending proof of his authority, and reached out to Indah to ask how they should handle things going forward. Indah's response, months later, was that she was not sure Ayesha's share had ever really been fifty percent, and that she would need to think about what was fair now that the arrangement was 'up for discussion again.'

Where it went wrong

Adnan spent nearly five months trying to resolve this on his own before he came to us, and by the time he did, several things had gone wrong at once. The platform's royalty account had been frozen since Ayesha's death, with quarterly payments accumulating somewhere in the platform's system rather than being paid to anyone, because Adnan had no documentation the platform would accept as proof he was entitled to step into Ayesha's place. A do-it-yourself letter he had sent, explaining that he was the executor, had gone unanswered for weeks and then been met with a request for formal proof of probate, which he had not yet obtained and did not fully understand how to get.

Indah's position had also hardened over those months. What began as a vague comment about the split being 'up for discussion' became, by the time Adnan sought help, a more concrete claim that the original fifty-fifty understanding had only ever applied while Ayesha was alive and actively promoting the book, and that going forward, any payments to Ayesha's estate should reflect a smaller share, since Indah had continued doing promotional work Ayesha no longer could. There was no written agreement to point to that contradicted this, only Ayesha's account of the arrangement, now unavailable, and Adnan's memory of what his aunt had told him at family dinners years apart.

The will's vague wording did not help. 'My share of the book royalties' assumed a share that was clearly defined somewhere, and it was not. Without a document setting out the original split, Adnan had no independent evidence to counter Indah's revised account, only a family understanding that Indah was free to dispute now that the person who had made the original deal was gone. Each email exchange between Adnan and Indah, conducted without any legal framework to anchor it, only added a new version of what the arrangement supposedly was.

Five months of delay had also let a real problem grow larger. The frozen payments were accumulating, but so was the risk that the platform, tired of an unresolved dispute, might simply hold the funds indefinitely or take a more restrictive position on future payments altogether, treating the account as unsettled rather than temporarily delayed. Every additional month of silence made the eventual negotiation, whenever it happened, that much harder to anchor to the original nine-year pattern.

What we did

We started by getting Adnan's grant of probate application moving, since almost every other step depended on him having formal, documented authority to act for the estate. We prepared and filed the application promptly, treating it as the foundation the rest of the file would be built on rather than a formality to circle back to later.

At the same time, we reconstructed the paper trail that did exist, even without a signed agreement. Ayesha's own bank records, going back nearly a decade, showed a consistent pattern of quarterly deposits at an amount consistent with an even fifty-fifty split against what the platform's public sales data suggested the book had earned. That pattern, sustained over nine years without variation, became the strongest evidence available that the original split had been fifty-fifty, regardless of what either party remembered saying to the other more recently.

Once probate was granted, we dealt with the platform directly, providing the documentation it needed, the grant confirming Adnan's authority as executor, and a formal request to release the frozen payments into the estate's account rather than leaving them in limbo indefinitely. Platforms in this position are usually not trying to create a problem; they simply need clear authority before they will pay anyone, and once Adnan had that authority properly documented, the platform's own resistance mostly resolved itself within a few weeks.

Indah's claim needed a different approach. Rather than treating her revised position as an attack to be defeated, we opened a direct conversation acknowledging that her ongoing promotional work did have some value, while presenting the nine years of consistent payment history as strong evidence of what the original split had actually been. We proposed a written agreement going forward: royalties would continue to be split close to the historical pattern, with a modest adjustment reflecting Indah's continued promotional efforts, and, critically, the agreement would finally be put in writing so this problem could never recur for either side.

We also negotiated the release of a portion of the frozen back payments to the estate immediately, on the strength of the historical payment pattern alone, with the remainder following once the new agreement was signed, so Adnan was not left waiting on the final paperwork before seeing any benefit from the months of delay finally coming to an end. Throughout the negotiation, we kept the tone deliberately collaborative rather than adversarial, since Indah and the estate would need to keep working together on a shared asset for years to come, and a bruising negotiation now would have made every future quarterly payment harder to manage.

The outcome

Indah agreed to a split that gave the estate roughly forty-five percent of ongoing royalties going forward, a modest reduction from the historical fifty percent, in exchange for a written agreement that removed any future ambiguity. It was not the outcome Adnan had hoped for when Ayesha first told him the royalties would simply come to him, but it was a real, enforceable arrangement rather than an indefinite dispute with no paperwork behind it, and it ended a stalemate that had already run five months longer than it needed to.

The frozen back payments were released in two stages, with the estate receiving most of what had accumulated during the five months of delay and a smaller portion held back until the new agreement was formally signed. Combined with Ayesha's other modest assets, a small savings account and her share of a jointly held vehicle, the estate settled in the range of roughly $150,000 to $200,000, with the royalty stream, now properly documented, continuing to pay out to Adnan on a quarterly basis going forward at the newly agreed rate.

The five months Adnan spent trying to handle the platform and Indah on his own were not wasted entirely, since some of the groundwork he did helped the eventual negotiation move faster, but they did allow Indah's position to shift and the frozen payments to accumulate longer than necessary. A written agreement in place from the start, or legal help sought at the first sign of a dispute rather than after months of unanswered letters, would likely have preserved more of the original split and released the funds considerably sooner. Adnan has said since that the written agreement itself, more than the percentage, is what finally let him stop thinking about the file every week. He also keeps a copy of the signed agreement with his aunt's other estate papers now, so the next person who has to deal with this royalty stream, whenever that day comes, will not be starting from a verbal understanding again.

What you can learn from this

  • An informal, unwritten arrangement, however long it has worked, has nothing to point to once the person who agreed to it is gone; put ongoing income splits in writing while both parties are available to confirm them.
  • A will that refers to 'my share' of something without identifying the amount, source, or agreement behind it leaves an executor with no independent evidence if the other party's account of things later changes.
  • Payment platforms are usually not the obstacle; they need clear proof of authority before releasing funds, and providing that promptly is often faster than arguing with the platform directly.
  • The longer a dispute over shared income sits unresolved, the more room the other side has to revise their position, so early engagement tends to preserve more of the original arrangement.
  • If you try to resolve an estate dispute yourself and it stalls for more than a few weeks, that delay itself becomes a cost; get advice before a simple disagreement hardens into a harder one.
This case study is entirely fictional. It does not describe any real client, file, or matter handled by Treadstone Law, and it is not a real file with details changed. All names, people, properties, businesses, dollar amounts, dates, and events are invented, and any resemblance to a real person, business, or situation is coincidental. Fictional scenarios like this one illustrate the kinds of legal issues people in Ontario commonly face and how a lawyer can help. They are general information, not legal advice — no two matters unfold the same way, and nothing here predicts the outcome of any real case. Reading a case study does not create a lawyer-client relationship. If you are facing something similar, speak with a lawyer about your specific circumstances.

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