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Last Wishes, First Impression: Potential Legal Issues Arise After Munich Recluse Passes Away, Bequeathing Nazi-looted Art to a Swiss Museum




by:
Sheppard Mullin Richter Hampton LLP - Los Angeles Office

 
June 27, 2014

Previously published on June 11, 2014

Cornelius Gurlitt’s notarized will, which did not surface until after his unexpected death this past May, lists the Kunstmuseum Bern in Switzerland as the heir to his vast art collection, which included works by Matisse, Dix, and Chagall. The unusual legal issue here: one month before his death, Conelius Gurlitt agreed to return all Nazi-looted artworks in his possession to the offspring of the rightful owners.

Gurlitt, who had been living in what some publications have called a “squalid apartment,” apparently hid some of his $1.35 billion art collection in a closet in his modest Munich flat. The current Bavarian government, which had been investigating Gurlitt for tax evasion as early as 2010, first discovered his trove after raiding his apartment in 2012. German authorities knew that some of Gurlitt’s works could be looted, but for unclear reasons, possibly stemming from fears of a deluge of legal claims from victims of Nazi art-looting, declined to alert the public of the discovery for almost two years.

A special government-appointed German task force is analyzing the provenance of about 600 works of art, of the roughly 1,400 in Gurlitt’s cache, to determine whether they had been looted or sold under duress during Nazi reign. Those pieces that the task force deems to be plundered by Hitler’s regime are expected be returned to the descendants of the victims of the art-looting Nazis. Descendants of Paul Rosenberg, a Parisian-Jewish art dealer before the Nazi invasion of France, will likely be restituted a $20 million Matisse painting after the task force determined Wednesday that the piece had been looted from a bank vault in southern France. According to the German investigators, the decision to return the painting now lies with Gurlitt’s heir.

The clock is ticking for the task force, as Bavaria’s justice ministry now has less than a year to comb through Gurlitt’s collection, per the terms of an agreement with the late recluse.

Legal complications may arise if Kunstmuseum, which has not yet accepted the inheritance despite proclaiming itself the “unrestricted and unfettered sole heir” to Gurlitt’s collection, attempts to take possession of the paintings before the conclusion of the government investigation.

Although there are nonbinding international codes of ethics at play here, such as the Washington Conference Principles on Nazi-Confiscated Art, there has been little indication in the media as to whether and how Kunstmuseum, once it is in possession of Gurlitt’s cache, would return any works subsequently found to be looted.

Also unclear is whether German authorities will be held liable by the victims’ families for keeping the discovery of Gurlitt’s collection under wraps for so long.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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