Libel by a ghost

[Somewhatfoolish]

Suppose you know you're gonna die. You record a video in which you make a very libellous claim about someone. You write your will in which you make it very clear that your estate is to publish and spread it after your death.

And then you die.

Subsequently the probate dude(tte)(forget proper term) goes to do his/her thing and immediately bumps into your request. If they go ahead who is liable for the libel? Your estate, the probator(?), or no one?

[Rufus Stone]

Do ghosts exist?

[dontlookdown]

As far as I am aware, your estate can be sued for libel after your death, just as it can be sued for a load of other things.

Obvs only worth them doing if you have money. So get rid of all your cash and assets first. Then you could possibly arrange for something to be automatically published after your death (if you knew you'd be dead in a month, for example, and set a computer to upload to YT then).

But quite a lot of faff. You'd have to really want to do it.

Not a lawyer, but I have some experience of libel;)

[spikeyhead]

Isn't the difference between slander and libel that the latter is published, so whoever does the publishing is guilty?

[Roofless Toothless]

You are Jos Verstappen and I claim my five pounds.

[Simpo Two]

spikeyhead said:

Isn't the difference between slander and libel that the latter is published, so whoever does the publishing is guilty?

Without checking, I think slander is spoken, libel is written.

So you could argue that if it's in a Will, it's already written...

[rgf100]

A will isn’t (ahem) the will of God. If the executors and beneficiaries, and possibly a court, agree then can just skip any conditions and do what they want.

[flatlandsman]

Interesting one, obviously post death nobody can be done for this, but your idea is weird that you do say something alive that is libellous, but it is published after your death, so that you personally cannot be done, your estate cannot either as the actin was said by you not your estate.

Where it is published could be in trouble though as if they knowingly published it knowing it was libellous?

[J__Wood]

Wouldn't it be easier and safer to become an MP and just say it all in parliament?

[C69]

Is the "very libellous claim" true?

If so, surely you'd leave proof of that along with your will? Then, if somebody did get sued for defamation after your death, they'd have a valid defence.

[Nickp82]

Roofless Toothless said:

You are Jos Verstappen and I claim my five pounds.

Nah, Esther Rantzen I reckon

[konark]

If you have no assets you can say or print what you want.

(Obviously nothing that is a hate crime)

Edited by konark on Monday 4th March 04:00