Austrian artist Franz West died in 2012. Days prior to his death, he reportedly directed all of his art form part of a foundation while his other assets remain in his estate for his family. The artist’s direction launched over a decade long court battle between his family and the Foundation. All of that recently came to a legal end.

In November, 2023 the Austrian supreme court concluded that all of the sculptor’s art should be donated to the Franz West Private Foundation. The appeal to the supreme court overturns a lower court decision that granted ownership to West’s family.

The supreme court’s ruling brings the matter of the foundation’s right to manage West’s artistic works to a decided conclusion. But the legal challenges related to West’s will, may continue in 2024. Austrian law provides that children are automatically entitled to 50% of a parent’s inherence. Perhaps in anticipation of disagreement, the artist’s final will also stated his family would lose their entire inheritance if they brought a legal challenge against his works being donated to the foundation. Is such a term reasonable within the circumstances of West’s will? Now that the question of West’s direction to donate his artistic works to the foundation has been settled, might Austrian courts disinherit his children?