Arts & heritage property

Our Arts & Heritage Property team focuses on the ownership, exploitation and taxation of fixed and moveable assets of artistic or historic significance, including heritage property.

We advise on the preservation of title; planning for succession; the negotiation of conditions of sale, borrowing and purchase; protection from infringement of production and copyright; the resolution of disputes over matters such as devolution, provenance and quality; export licensing controls; and all tax issues.

The group draws on our private client expertise in tax, trust and estate planning (both UK and international); heritage property, contentious trust and estates and charity law. This is complemented by expertise in many other areas, including financial services, intellectual property and commercial agreements, commercial dispute resolution and corporate tax.

Clients range from private individuals and family trustees to quoted and privately owned businesses, charities and foundations.

Speechly Bircham is a member of the Institute of Art and Law.

Charity                                                                                  
Acting for an English charity regarding a work of art withdrawn from auction due to proceedings issued disputing ownership and co-ordinating the defence to clear the charity’s title.

Trust
Acting for foreign resident trustees with responsibility for private art collections on permanent loan to various UK national institutions including advice on VAT and import duty and export controls.

Collector                                                                         
Advising collector on donations and bequests of Austrian art nouveau, French impressionist and French post impressionist paintings to charitable foundations in the UK, France and Canada.

Heritage property                                                       
Establishing a trust to hold a collection of conditionally exempt pictures and arranging for their exhibition to ensure the terms of the undertaking regarding public access. Advising on the subsequent loan of the artworks to beneficiaries and renegotiating the terms of the complex revenue undertaking.

Inheritance tax                                                                
Devising inheritance tax mitigation, gifting and will strategies for chattels including furniture and artworks residing in their stately home and negotiating the terms of a loan agreement to public bodies.

Capital Gains tax                                                             
Advising clients on the tax implications and exemptions concerning the sale and purchase of works of art and high value chattels.

Commercial Agreements                                                    
Acting on a sub-sale by a London Gallery of art works including advice on the terms of the agreement between the third party and their vendor; due diligence in connection with the vendor’s title to the paintings; drafting the documentation required to transfer the art works to a special purpose vehicle; advising on arrangements for completion and on terms of shipping insurance and storage.

Intellectual Property                                                       
Advising on implications of loan of art collection, merchandising, insurance and copyright issues.