Lifespan

Limited duration

The first model assumes that the activities will be temporary, in an estate of limited duration. In this situation, the goals are clearly defined and delineated. A plan can be developed with a calculation of the time, resources and financing. Note that establishing ultimate goals for the dissolution of the estate will depend on the legal form. So bear the laws concerning these structures in mind, and the steps that need to be taken to dissolve your organisation.

For example, a temporary governing board can be created for an estate of limited duration, which will work to set up an estate with certain clearly defined goals, such as organising a retrospective exhibition or exhibitions, drawing up an inventory and/or creating a catalogue raisonné (catalogue of works). Once these goals have been achieved, you may decide to dissolve the estate or continue it in a different form. In this phase, you can also consider the cultural support base for the legacy and how this can be further utilised in the future. This way of working requires high commitment in the short term, but in the longer term it may form the driving force of the estate.

There are various reasons to opt for an estate of limited duration. One reason to dissolve it is the expiry of copyright. Copyright exists until seventy years after the artist’s death. After that, the works enter the public domain and may be used without permission. This entails a loss of control, with the result that the legacy starts to live a life of its own.

Another way to dissolve an estate is by transferring the artistic legacy to a collection-managing institution such as a museum or another initiative. Clearly this does require a support base and resources. Finding a suitable home for the legacy with a collection-managing institution may be one of the goals of an estate of limited duration.

Also see the page ‘Managing your legacy’ in this guide for more information about donating your artistic legacy to a collection-managing institution.

If your activities are temporary, therefore, you need to consider the ultimate goal and final destination of the artistic legacy carefully. Determining that destination may also be one of the goals of the estate. So do bear this in mind when establishing the estate and determining the legal structure.

The artistic legacy of the visual artist Urbain Mulkers (1945-2002)

A few years after Urbain Mulkers’ death, his wife Thérèse Mulkers-Dumont and a few friends set up a committee to take care of the preservation and management of the artistic legacy. The committee established a range of goals to make the legacy visible and accessible. These goals included making a documentary art book, organising exhibitions with guided tours and lectures, and making an inventory of both his personal archive and his archive as the director of the Provincial Museum in Hasselt. Finally, the committee completed its work by putting both inventories on a website, thus making a valuable contribution to opening up his legacy in the long term.

(Thérèse Mulkers-Dumont)

Unlimited duration

The second option is to establish an estate for an unlimited duration, i.e. without setting an end date or final goals. In exceptional cases, this activity even leads to founding a new museum. What matters here is the major cultural and historical value of the legacy, its potential significance in the field and the national and international support base for the artist.

Establishing an estate for an unlimited duration requires a different approach. For example, a complex strategic and financial plan may be developed. The reasons for the existence of the estate will also evolve, and redefinition will be required at certain points. Dare to call your mission and vision into question at regular intervals and reformulate them based on new experiences and challenges. After achieving its goals, an estate that applies this model will generally expand its activities.

Interested to read more? Go to the next page: Legal structure.