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Gurlitt Cousin Appeals Dismissal of Will Contest

Posted by Nicholas O'Donnell on April 29, 2015 at 11:08 AM

Uta Werner has appealed the adverse decision of the Munich court last month with respect to her challenge to Cornelius Gurlitt’s will. Werner, the cousin of Cornelius Gurlitt, argued that the will written by Gurlitt that named the Kunstmuseum Bern as his heir (and thus to his art collection). The Munich court previously upheld the will, making the Bern museum the sole heir to Gurlitt in all respects, including not only the trove found in Munich but some 200 (arguably more significant) works found in his Salzburg, Austria home.

Werner has now appealed the decision, to the court that made it in the first instance. That court may also refer the matter to an appeals court.

Needless to say the prospect that someone other than the Swiss museum would be the owner is destabilizing. But while it has provided a pretext to delay restitution of those objects that the Gurlitt Task Force has identified as Nazi-looted art, it should not. Werner has already agreed to restitute these objects if she prevails.

Topics: Cornelius Gurlitt, Uta Werner, Gurlitt Task Force, Nazi-looted art, Gurlitt Collection, Restitution, World War II, Kunstmuseum Bern, Raubkunst

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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