Besides donating and selling the artistic legacy, artists or heirs can opt to disclaim (i.e. refuse to accept) the legacy (their inheritance), to reject it or not to preserve it any longer. There may be all kinds of reasons for this, such as emotional circumstances, a lack of interest, an inability to manage it or not having the opportunities and financial resources to preserve it in the long term.
An inheritance is not only the transfer of goods and capital, but sometimes also the artist’s debts. This may lead to certain challenges and limitations. When faced with debts, it is possible for an heir to distance themself from the inheritance by disclaiming, rejecting or refusing it. This is an official process in which you formally distance yourself from your inheritance and the debts associated with it. The notary will set down the fact that you have disclaimed the inheritance, and that you will therefore not inherit anything, in a ‘disclaimer’ statement. This decision is final; on principle, an heir cannot reverse their decision later. For the process of rejecting an inheritance, it is always recommended to obtain professional (legal) advice from a notary or possibly another legal expert, to discuss the possibilities and their consequences.
Artists and heirs may also opt not to establish an estate and not to preserve and open up the artistic legacy in the long term. This is a choice made in private law, which involves deciding to allow the remaining items to be lost. When this choice is made, most of the legacy and the artist’s possessions will probably end up in a skip, and the entire legacy and the connections between its different aspects will be lost.
Disclaiming, rejecting or no longer preserving the artistic legacy is considered to be the least preferable option, when there are really no other possibilities left. If you are considering no longer preserving the artistic legacy, do contact the CKV. We would like to discuss the legacy to explore the different options.
Also see the section ‘Establishing an estate‘ for more information on inheriting, inheritance taxes and the possibility of setting up a legal structure.