I thing it’s gonna be on a case by case basis, with Peter Cushing, it was his former secretary and the executor/manager of his estate who give the permit and apparently where pleased with the result. His wife passed away in the 1970s and never had children. He had a brother thou, who almost nobody knew about and apparently the sister-in-law ‘didn’t approve’ of Cushing’s occupation. He apparently didn’t have any close family when the whole ting took place.
Stan Lee’s situation is entirely different, but as Harith says, it will depend on either a contract or his family.