Insights

No winners - art and inheritance at war

19/01/2022

Inheritance disputes among families are not unusual, sadly.  They often follow the death of a patriarch or other senior family member, and not infrequently arise from disagreements between children and step-parents. The dispute between the widow of Prince Nicolò Boncompagni Ludovisi  and his children from a previous marriage falls squarely into this category.  However, whereas the consequences of most family disputes are felt only by the families involved, the Ludovisi family's wrangling may also result in a loss to Italian cultural heritage and the ability of the public to access important pieces of Italian art and history. 

We are told that the family's arguments over the Ludovisi Casino (also known as the Villa Aurora) include a claim for unpaid alimony by the second wife of the late Prince, and another over the uneven division of their father's assets between the Prince's three sons. While arguing over their shares, the sons are seeking to remove his widow (Princess Rita Boncompagni Ludovisi) from occupation of the Villa during her lifetime.  She is also looking for a greater share of her husband's estate.  

As no agreement has been reached between the family, the Italian court ordered the property to be sold.  It went to auction on Tuesday 18 January, where it failed to sell, and will be auctioned again in April at a lower price.  

As the article linked makes clear, the Villa is filled with pieces by artists including Caravaggio and Guercino, and artefacts of important historical interest, the discovery and protection of and access to which has been facilitated to a great extent by the Princess.

While sad for the family, the story has many fascinating aspects both from an art and legal perspective, not least the issue of how to value an art work that cannot be removed from the ceiling of the property being sold.  

Ultimately, relatively few of us will find ourselves in a dispute involving paintings by Old Masters and letters written by Marie Antoinette.  Nonetheless, this case is of wider relevance in highlighting the importance of ensuring that your financial affairs and estate planning are in order before your death.  This is even more vital where, as a result of divorce or otherwise, more than one family may be involved.

If you are planning to leave one or more of your family members a greater share than others, it is important to ensure that this does not come as a surprise to them after your death, or to leave a letter of wishes explaining your reasons.  If you have more than one family, think carefully how each will inherit and ensure that your Will provides for everyone.  Everything you can do to ensure that any likely areas of disagreement between family members are resolved before your death will help to avoid potentially expensive, divisive and lengthy litigation afterwards.

As for the fate of the Villa Aurora and the art and historical items it houses - whether it is eventually bought by a wealthy art lover, or acquired by the Italian State for the benefit of the public - this saga seems likely to continue for some time. 

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Whatever the outcome, the sale [of the Ludovisi Casino] raises two questions. First, how do you value a work of art that is part of a building and cannot be resold separately from it? Second, what does this episode say about Italian inheritance laws and the country’s guardianship of its vast artistic heritage?

https://www.theartnewspaper.com/2022/01/18/when-is-a-caravaggio-worth-zero-when-its-on-a-ceiling-and-you-may-not-remove-it-for-sale