The risks of an unplanned transfer

An art collection is built over a lifetime, and its transfer is a passage that every family with works of art faces and that is frequently left unprepared. Whereas the collector has detailed knowledge of every single work, the heirs are at times left without the essential information, for want of a conversation beforehand. Facing that transition unprepared exposes the family to three main risks: disputes among the heirs over the division of the works and the determination of their values; hasty sales, decided under the pressure of deadlines and through unsuitable channels; and the loss of provenance, since the memory of purchases, sources and collecting choices risks dying with the founder.

The steps needed to organise the generational transfer call above all for rigour and method, and fall into four stages.

Scientific inventory and updated appraisal

The first step is a complete inventory, with photographs and documents for each work, noting any works belonging to third parties held on deposit, usable also by those who took no part in forming the collection. Alongside it come updated valuations, prepared by a qualified appraiser for a stated purpose: insurance values, for instance, are of no use for the division of an estate, which requires a different type of value. Receiving a collection accompanied by a recent appraisal allows the heirs to know the actual extent of the estate, whereas the absence of documents forces them to reconstruct the position under pressure.

Recording the collection's history

It is essential to set down in writing what the collector knows. The circumstances of each purchase, the relationships with artists and galleries, the correspondence and the reasons behind collecting choices are all relevant to reconstructing provenance, to verifying attributions and to determining market value. This is information that no formal document preserves unless the owner records it expressly, and it must be tied to the documents that support it (receipts, letters, dated photographs, catalogues), because a memory or a name without corroboration has no evidential value.

Planning together with the successors

A conversation with the heirs in advance makes it possible to identify individual inclinations: who wishes to keep particular works, who would prefer a financial settlement, who intends to keep the collection together, and whether part of the works should be sold, during the founder's lifetime or afterwards, with the proceeds shared. Knowing these orientations beforehand allows considered decisions and prevents misalignments later. A transfer defined by the founder, together with the family and trusted advisors, gives rise to less conflict than a division left entirely to the succession proceedings.

Defining family governance

It is advisable to establish written rules on who is authorised to approve sales, museum loans or restoration, on who keeps the documentation, on how often the valuations are updated, and on the procedure to follow should an heir wish to realise their share. Such governance of the collection ensures continuity and efficiency provided it rests on clear and simple structures.

The division of professional roles

Throughout this process the separation of roles remains essential. The appraiser prepares the valuations; the art advisor assists the family with purchases or sales; the collection manager looks after the organisation and preservation of the archive; the notary and the tax adviser define the testamentary aspects, the division of shares and the tax implications, which set the framework of the succession. In this way, when the estate passes on, the division follows objective criteria along a path already laid out.