Controversy has been stirring over who will accept Heath Ledger’s potential Oscar for Best Supporting Actor. The Academy has regulations for posthumously awarded Oscars: the statuette goes to either the late actor’s spouse, or their children (if they are of age). Unfortunately, Michelle Williams and Heath Ledger were not together at the time of his death, and their daughter Matilda is only three. So who will keep the award? TMZ has a video of Heath’s family landing at LAX, and his father Kim saying that he would keep the statuette for Matilda “forever.” Does that mean that Ledger’s family intends to accept the Oscar on his behalf? They reportedly struck a deal with the Academy due to the unusual circumstances which would allow Michelle to hold it “in trust” for Matilda until she turns 18. At that point, she can choose to do what she would like with the award.

After serving as symbolic stand-ins for Heath Ledger at the Oscars podium, the family should send the statuette to Matilda, not stuff it in their luggage and head Down Under to Australia. But that, according to the TMZ video, is what they’re apparently planning to do with something that doesn’t belong to them.

So they have no intention of honoring the deal that they reportedly struck with the Oscars? As academy executive director Bruce Davis explained to the Associated Press. “It’s complicated, because there are two different questions that have to be answered. First, we have to decide who gets the job of accepting the award onstage on the night of the ceremony. And then there’s the question of the eventual disposition of the posthumous statuette, which may not stay with the person who accepts it.”

Davis goes on to clarify: “In the event that Heath Ledger should be selected as the supporting actor recipient, the statuette will be held in trust for his daughter by her mother, Michelle Williams, until Matilda reaches the age of 18. At that point, she may execute what we call an heir’s agreement and keep the statuette forever — or, if she chooses not to do that, it will return to us.”

[from LA Times]

This is a very complicated, sticky situation. At the time the article was published, both Heath’s Critic’s Choice award and Golden Globe were MIA (though it could have been a case of his publicist not calling the author back), and therefore have not set a precedent. If these awards had been immediately shipped to Michelle and Matilda, this may have influenced the Academy’s decision on how to handle the situation. As it stands, who will accept the award is up in the air. Officially, the Academy does not allow anyone other than the actor to accept their Oscar, but there have been exceptions in the past. They may allow his family to come onto stage merely because it would make good TV – the Ledger family made a tearful speech recently at the Australian Film Institute Awards.

Personally, I think the statuette itself belongs to Matilda. This is an unprecedented situation, but that means that this is a chance for the Academy to do the right thing. And I think the director, Christopher Nolan, should accept the award the way he did at the Golden Globes. It makes the most sense that the man who created the film be allowed to accept the Oscar that, in part, reflects his skills as a director.