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Kunstmuseum Bern Accepts Appointment as Cornelius Gurlitt's Heir, Agreement with Germany

Posted by Nicholas O'Donnell on November 24, 2014 at 1:50 AM

As expected, the press conference today in Berlin held by the Kunstmuseum Bern along with German officials announced that the museum has decided to accept the appointment as Cornelius Gurlitt's heir. As we surmised, the decision was accompanied by an agreement concerning the Nazi-looting suspicions that have followed the one time collection of his father Hildebrand Gurlitt. Hildebrand was one of a select few art dealers authorized during the Nazi regime to sell what the authorities deemed "degenerate art" (see link above for more background).

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Topics: Swiss Info, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Willbald Gurlitt, Restitution, Bavaria, Der Spiegel, Wall Street Journal, World War II, Degenerate Art Action, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Münchner Kunstfund

Gurlitt Relatives Formally Challenge Will that Named Kunstmuseum Bern as Heir

Posted by Nicholas O'Donnell on November 21, 2014 at 5:46 AM

When we wrote yesterday that everything had been said before seeing how the press conference plays out on Monday at which the Kunstmuseum Bern and Germany will make an announcement, it was somewhat tongue in cheek. Today provides an example why: relatives of Cornelius Gurlitt, who would be his heirs at law in the absence of the will that named the Kunstmuseum Bern as his heir, formally announced a challenge to that will today in a Munich court.

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, Uta Werner, Nazi-looted art, Gurlitt Collection, Dietrich Werner, Entartete Kunst, Munich, Willbald Gurlitt, Restitution, Bavaria, World War II, Degenerate Art Action, Helmut Hausner, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Museums, Münchner Kunstfund

Gurlitt and Kunstmuseum Bern Press Conference in Berlin Monday November 24, 2014

Posted by Nicholas O'Donnell on November 20, 2014 at 9:35 AM

The federal government of Germany, the Bavarian Ministry of Culture, and the Kunstmuseum Bern announced today that they will hold a joint press conference on Monday November 24, 2014 concerning the bequest by Cornelius Gurlitt to the Swiss museum when he died. It seems hard to imagine that such an event would announce anything other than acceptance by the museum and perhaps some sort of side agreement with Germany and/or Bavaria.

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Topics: Swiss Info, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Willbald Gurlitt, Restitution, Bavaria, Der Spiegel, Wall Street Journal, World War II, Degenerate Art Action, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Münchner Kunstfund

Expert Opinion Casts Doubt on Gurlitt’s Testamentary Capacity to Make the Will that Names the Kunstmuseum Bern as Heir

Posted by Nicholas O'Donnell on November 17, 2014 at 11:42 AM

While we have tried to read the tea leaves and predict what the Kunstmuseum Bern will do on or before November 26 (the deadline to accept or reject the appointment as Cornelius Gurlitt’s heir)—and what others might do if the museum turns it down, less prominent has been the validity of the will in question itself. It is far from a forgone conclusion, however, that his last-minute will would hold up under scrutiny. The circumstances alone—an elderly person, under enormous international scrutiny, placed under a guardianship—beg the question.

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Nazi-looted art, Gurlitt Collection, Restitution, testamentary capacity, World War II, Kunstmuseum Bern, Münchner Kunstfund

If the Kunstmuseum Bern Says No: Gurlitt Heirs Discuss Plans if They Inherit Schwabing Trove

Posted by Nicholas O'Donnell on November 14, 2014 at 7:12 AM

As the November 26, 2014 deadline approaches by which the Kunstmuseum Bern must accept or reject the appointment as Cornelius Gurlitt’s heir and the bequest of the paintings seized by the Bavarian government on suspicions of Nazi-looting concerns (as well as those in other countries that were not seized), most observers expect the museum to accept the appointment, albeit perhaps with some side agreement with the German government. But what if the museum says no? Reports floated this week of what Gurlitt’s heirs-at-law might do in that event.

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Monopol, SZ, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Willbald Gurlitt, Restitution, Bavaria, World War II, Degenerate Art Action, degenerate art, beschlagnahmte Kunst, Kunstmuseum Bern, Münchner Kunstfund

Reports that Gurlitt Task Force May Not Meet Deadline—What Happens Then?

Posted by Nicholas O'Donnell on November 10, 2014 at 9:47 AM

There were reports over the weekend that the Gurlitt Task Force, currently reviewing the provenance of more than 900 of the 1,280 works of art seized from Cornelius Gurlitt’s apartment, may not complete that review within the year reportedly set out in the agreement between Bavaria and Gurlitt before he died. There is still confusion about whether the Task Force was indeed foreshadowing a missed deadline (the agreement was in April, so the notion that the review would continue “into 2015” is not necessarily inconsistent with completing its task within one year), but assuming it was, what happens then?

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Topics: Focus, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Gurlitt Task Force, Nazi-looted art, Gurlitt Collection, Foreign Sovereign Immunities Act, Commission for Looted Art in Europe, Entartete Kunst, Anne Webber, Restitution, Der Spiegel, World War II, degenerate art, Kunstmuseum Bern, verschollene Kunst, Münchner Kunstfund

One Year After Gurlitt Revelation, No One is Pleased

Posted by Nicholas O'Donnell on November 5, 2014 at 8:59 AM

It has now been one year since Focus magazine in Germany broke the Cornelius Gurlitt story on November 3, 2013. Looking back at the history of the case as it has unfolded since then, the overriding theme has been difficulty in obtaining accurate information about the current state of affairs. The appointed Task Force has made only two recommendations, and the status of the bequest to the Kunstmuseum Bern is still up in the air. And nobody seems remotely pleased.

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Topics: Focus, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Drefsden, Gurlitt Task Force, Nazi-looted art, Gurlitt Collection, Foreign Sovereign Immunities Act, Lex Gurlitt, Entartete Kunst, Salzburg, Bundesrat, Restitution, Der Spiegel, World War II, Foreign Sovereign Immunities, Switzerland, degenerate art, Kunstmuseum Bern, verschollene Kunst, Münchner Kunstfund, Ronald Lauder

Conflicting Reports About Possible Acceptance of Gurlitt Bequest by Kunstmuseum Bern

Posted by Nicholas O'Donnell on October 13, 2014 at 7:02 AM

There have been multiple and conflict reports in the last 48 hours about whether the Kunstmuseum Bern had reached a decision to accept the inheritance from and appointment as heir by Cornelius Gurlitt. Gurlitt, who died in early May shortly after reaching an agreement with the Bavarian prosecutor concerning the 1,280 works of art seized from his apartment on suspicion of Nazi-looting connections, unexpectedly named the Swiss museum as the sole beneficiary of his will, and as his heir and representative. Just last week, the news was that the Kunstmuseum had resolved to decide by late November, no later than six months after being advised of Gurlitt’s bequest.

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Topics: Reuters, Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Nazi-looted art, Gurlitt Collection, Tages Anzeiger, Munich, Christoph Schäublin, Restitution, Bavaria, Ruth Gilgen Hamisultane, World War II, Swiss, Austria, Sonntagszeitung, Kunstmuseum Bern, Berner Zeitung, Zürich, Nazi Raubkunst, Münchner Kunstfund

Germany Announces "Center for Cultural Property Losses": Real Progress or Window Dressing?

Posted by Nicholas O'Donnell on October 9, 2014 at 5:39 AM

After numerous intimations by German Minister of Culture Monika Grütters, the German federal cabinet announced on Wednesday the official formation of the German Center for Cultural Property Losses (Deutsches Zentrum Kulturgutverluste). Citing its “awareness of the special responsibility for the reworking of Nazi art theft,” the ruling CDU coalition issued this statement (my translation):

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Topics: Schwabinger Kunstfund, Hildebrand Gurlitt, Cornelius Gurlitt, Deutsches Zentrum Kulturgutverluste, Germany, Minister of Culture Monika Grütters, Nazi-looted art, Gurlitt Collection, Lex Gurlitt, Koordinierungsstelle für Lost Art in Magdeburg, Magdeburg, enteignete Kunst, Gurlitt, NS Raubkunst, Restitution, Task Force, Bundesländer, Lost Art, www.lostart.de, Limbach Commission, Center for Cultural Property Losses

Glass Half Full or Half Empty? Detailed Report Published on Worldwide Efforts to Restitute Nazi-Looted Art Since the 1998 Washington Conference

Posted by Nicholas O'Donnell on September 11, 2014 at 6:35 AM

After the 1998 Washington Conference on Holocaust Era Assets and the eponymous Washington Conference Principles on Nazi-Stolen Art that came out of it, it is hardly surprising that a recurring theme has been to assess the progress of those nations that participated and signed on. Equally unsurprisingly, those assessments are usually more anecdotal than empirical, and usually arise out of a particular case or cases in the context of that country’s response.

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Topics: Graham Bowley, Macedonia, Netherlands, Terezin Declaration, Mussolini, Latvia, Dr. Wesley A. Fisher, Hungary, ICOM, Bulgaria, Commission for the Compensation of Victims of Spol, Germany, Bavarian Minister of Culture, Nazi-looted art, Die Welt, Belarus, Lex Gurlitt, Washington Conference on Holocaust Era Assets, France, Dr. Ruth Weinberger, Romania, Baron Mor Lipot Herzog, Winfried Bausbeck, Belgium, Slovakia, Vichy, World Jewish Restitution Organization, Bundesrat, Washington Conference Principles on Nazi-Stolen Ar, Gurlitt, WJRO, NS Raubkunst, Restitution, International Council of Museums, Norway, United States, Luxembourg, Looted Art, World War II, St. Petersburg, Poland, beschlagnahmte Kunst, Ukraine, Austria, Serbia, Conference on Jewish Material Claims Against Germa, Italy, Bosnia, New York Times, Monika Grütters, Slovenia, Estonia, Museum and Politics Conference, National Gallery, Museum of Fine Arts, entzogogene Kunst, Czech Republic

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About the Blog


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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