Highlighting problems that have arisen with the estates of famous artists
Throughout art history, disputes have arisen over the works of artists after they have died: 
  • who owns what works, 
  • who inherits, 
  • who owns copyright and related merchandising rights, and 
  • whether artists' wishes must be respected when they ask for their works to be kept together as a collection.
Examples of these are cited below.
  • Famous last words | Artlaw
    Andy Warhol died in 1987. In the few years since his death his Estate has been beset by no fewer than three serious and complex legal wrangles. In Britain the death of Henry Moore in 1986 has also been followed by a wave of legal disputes concerning

Also included below are references to how artists estates have been handled with more positive outcomes - e.g. the donation of artwork in lieu of tax.
Return to THE ART LEGACY
​Artquest is an advice and information service, based in London, for visual artists and craftspeople. It has a series of articles about artlaw and art after death - a number of which are highlighted on this page below.

Where a reference states "Artlaw" as the source, the articles can be found in the Art after death section of the Artquest website. Please note what the website states as their legal currency.
This article is from the Artlaw Archive of Henry Lydiate's columns published in Art Monthly since 1976, and may contain out of date material. The article is for information only, and not for the purpose of providing legal advice. Readers should consult a solicitor for legal advice on specific matters. Artists can get free online legal information from Artquest.
Artists' Estates: Reputations in Trust

The book includes interviews with the widows and family of famous artists who highlight the issues associated with dealing with the estate of an artist
Hardcover: 400 pages
​Publisher: Rutgers University Press;
1st edition (August 1, 2005) 

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Artists in the USA
​

Mark Rothko
  • Rothko Revisited | Artlaw - In 1977 Art Monthly (AM No 5) published a pair of articles about the disgraceful circumstances surrounding the Rothko will-making and the subsequent unlawful breaches of trust by his so-called friends and colleagues. 
  • The Rothko Wrangle | Artlaw - A tale of an ill-drawn Will and 798 paintings told in two parts. Perhaps the most important and healthy impact of the case is that it exposed the sophisticated machinations of the art market, underlining the need for all artists to seek and take indep
  • Who cares about art after death? | Artlaw - Turner did: Rothko did. But apart from that question, the Rothko case raises an equally serious and more practical question for artists: how to ensure that their art is dealt with, after death, according to their wishes.
  • What Drives Market Speculation After an Artist’s Untimely Death | Artsy During the 1970s, a long-running legal case concerning Mark Rothko’s estate dominated news in the art world. After Rothko’s death by suicide in 1970, a fierce battle waged between his heirs, executors, and dealers at Marlborough Gallery. 
Picture
Artist Mark Rothko's grave at East Marion Cemetery, East Marion, NY (Source: Wikimedia Commons)
Andy Warhol

There have been many problems associated with his estate - mainly in relation to attribution of works. The Authentication Board was completely dissolved in early 2012
Andy Warhol tombstone
Andy Warhol tombstone, St. John the Baptist Byzantine Catholic Cemetery, Bethel Park, PA
Some dealers have authenticity committees to decide attributions of artworks by particular artists. The Andy Warhol Foundation for the Visual Arts, which disperses the works by the artist in Warhol's estate, and the Robert Miller Gallery in New York City, which handles the estate of Jean-Michel Basquiat, both have created these committees, in part to more effectively wage battle against a growing number of fakes, forgeries and mis-attributions in the Basquiat and Warhol markets.
The tricky art of authentication Truth: Sometimes, only the artist or his or her family knows for sure whether a work is the real thing
Jean-Michel Basquiet

Basquiet died age 27. The Robert Miller Gallery in New York City handles the estate of Jean-Michel Basquiat. Like Warhol, the Estate ran into problems relating to authentication.
Picture
Grave of Jean-Michel Basquiat at Green-Wood Cemetery, Brooklyn, New York
Cy Twombly
Commemorative plaque for Cy Twombly in Santa Maria in Vallicella, Rome
Commemorative plaque for Cy Twombly in Santa Maria in Vallicella, Rome
Thomas Kinkade

The sudden and unexpected death of Thomas Kinkade in 2012 sadly became a lesson in why you have to update your plans for the future of your estate as your life changes. Especially if you have separated from your legal spouse but not divorced and have a new friend in your life.
  • Nanette Kinkade, Thomas Kinkade's wife of 30 years was separated from her husband at the time of his death.
  • Amy Pinto had been Kinkade's girlfield at the time of his death, had been living in the family home and claimed that and a considerable sum from his estate.
Picture
Headstone in Madronia Cemetery in Madronia Cemetery in Saratoga, California.
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Artists in the UK
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JMW Turner

Turner’s original wish was that ALL his paintings be housed together at the National Gallery
Unfortunately, Mr. Turner had bad advice and assistance in the preparation of his testamentary dispositions, and the consequence was that it was very difficult to discover what were his real intentions.
House of Lords Debate
"I feel passionately that for us to have someone like Turner, indisputably one of the greatest landscape artists of the world, and not to implement his will, not to do what he wanted, is tragic and scandalous."
Henry Moore, 1975
Picture
Joseph Mallord William Turner (1775 - 1851) Memorial statue at St. Paul's Cathedral
Francis Bacon
Francis Bacon plaque Dublin
Francis Bacon 1909-1992 Artist was born in this house on 28 October 1909
Lucian Freud

The Estate of Lucian Freud (valued at c.£42 million after payments of debts and taxes) has been making a number of gifts to the state under the Acceptance in Lie Scheme to offset the Inheritance Tax Bill The other aspects of interest is the fact that his Will is to remain secret
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European artists
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Salvador Dali
  • The Dali Wrangle | Artlaw - Salvador Dali, a master of Surrealism died in 1989. A dozen or so years later his legacy has caused substantial legal problems of an equally surrealist nature.
Salvador Dali Crypt in Figueres
Salvador Dali Crypt in Figueres
​Marcel Marceau
Grave of Marcel Marceau in Père-Lachaise Cemetary in Paris
Grave of Marcel Marceau in Père-Lachaise Cemetary in Paris