Art Law Report

Gurlitt Bequest to Kunstmuseum Bern is Upheld

Posted by Nicholas O'Donnell on December 15, 2016 at 9:48 AM

Cousin Had Challenged His Capacity to Make a Will Shortly Before 2014 Death

After a two-year legal battle, the Oberlandesgericht in Munich has upheld the dismissal of Uta Werner’s challenge to the will made by Cornelius Gurlitt in 2014 that designated the Kunstmuseum Bern as his heir, including the bequest of his controversial painting collection.  Less than six months after it was revealed in November 2013 that the Bavarian authorities had seized 1,280 objects from his Schwabing home in Munich, Gurlitt wrote a will that designated that his entire collection would go to the Swiss museum.  Barring some extraordinary appeal, the bequest will now be final and the collection will go to Switzerland.  While lifting considerable uncertainty about the fate of the collection as a whole, this development does not address the lack of clarity about the process by which the objects that are suspected of having been looted by the Nazis will be examined or returned.

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Topics: Bayern, Hildebrand Gurlitt, Cornelius Gurlitt, Nazi-looted art in Munich, SZ, Uta Werner, Nazi-looted art, Oberlandesgericht, Munich, Sueddeutsche Zeitung, Gurlitt, NS Raubkunst, Catrin Lorch, Free State of Bavaria, Kunstmuseum Bern, Washington Principles, Jörg Häntzschel, Bürgerliches Gesetzbuch (BGB)

Disputed Baushaus Artist Kurt Waldmann and Concerns of Another Forgery Enterprise in Germany

Posted by Nicholas O'Donnell on September 9, 2015 at 12:07 PM

A few weeks ago some interesting speculation started circulating about the possibility of a new forgery operation in Germany, which was home to the now-infamous Wolfgang Beltracchi. Beltracchi successfully fooled buyers for years with forged Expressionist and Modernist paintings, going so far as to invent a fictional “Jäger Collection” (including a staged photograph of Beltracchi’s wife purporting to show a painting on the wall of an ancestors home). The most interesting thing about the current story is that it is impossible to tell yet whether there is really a problem; the most detailed efforts to date have been unable to confirm whether Kurt Waldmann, the artist in question, even existed. Many of the indicia of concern are there, but they are hardly conclusive.

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Topics: Jäger Collection, Kurt Waldmann, Brussels, Forgery, “Künstliche Tatsachen / Boundary Objects", authentication, authenticity, Pascal Polar, Strasbourg, Bauhaus, Dada, Berlin Wall, Sueddeutsche Zeitung, Jean Milossis, Wolfgang Beltracchi, Deutsches Hygiene-Museum, Kunsthaus Dresden, Museums, Berliner Kurier

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