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.
Nazi-looted art in Munich,
Free State of Bavaria,
Bürgerliches Gesetzbuch (BGB)
The revelation that Bavaria re-sold looted artworks to Nazi families while giving victims and their heirs the run-around for years has clearly touched a nerve at the Bavarian State Paintings Collection (the Bayerische Staatsgemäldesammlungen, or BSGS). Days after the Sueddeutsche Zeitung exposed that the Commission for Looted Art in Europe (CLAE) had given the lie to years of deception by the BSGS, the BSGS issued a long, rambling, and defensive statement in defense of its actions. The statement is a classic case of misdirection. Reaction to the story and the BSGS response can be found at the Observerand the Telegraph.
Commission for Looted Art in Europe,
World War II,
Cornelius Gurlitt died yesterday, six months after his art collection was revealed to the world in a Focus article, and less than a month after striking a deal with Bavarian prosecutors over the 1,280 paintings and works of art seized from his apartment as part of a tax investigation. Although that brings the investigation that initially led to the seizure to an end, many questions remain about what will happen to the deal that he made, and to the works of art in Austria not covered by that deal
World War II,
Cornelius Gurlitt’s legal team has posted a new website called "Gurlitt Info" in similar (but not identical) German and English versions that is so contradicted by the repeated disclosures by the German government, that it is hard to imagine its intended purpose. As a public relations move, it is a disaster. The tactic may explain why the Augsburg prosecutor rejected the possibility of a deal with Gurlitt: he knows what he is dealing with. At the same time, the draft amendment to the statute of limitations, the Cultural Property Restitution Law (or "Lex Gurlitt," as it has somewhat misleadingly become known) is now formally before the Bundesrat for consideration as to whether to introduce the draft to the full Bundestag and possible enactment as the law of Germany. Bavarian Cultural Minister Winfried Bausbeck discusses the law here in a recent interview.
Cultural Property Restitution Law,
Nazi stolen art,
Statute of Limitations,
World War II,