The Rijksmuseum is not required to return a painting donated in 2013 to the donor or her sons. An 81-year-old woman at the time donated the work ‘Composition’ to the museum, but her children demanded the painting back. It was argued that the woman was not mentally well, but according to the court, the museum acted properly.
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It painting from 1918 by Bart van der Leck was in the possession of the parents of the 81-year-old woman for a long time. She received the work from her parents in 1956 as a wedding gift. The woman decided in 2013 to donate the painting to the Rijksmuseum as a tribute to her deceased father.
When the painting was collected from the woman by the museum in August 2013, she called a few days later to say that she had argued with her sons about the donation. They felt that their mother should not have given up the painting. In the end, the museum had a deed of donation drawn up, which was signed by the woman. Since then, the work has been exhibited in the Rijksmuseum.
“Mental Disorder”
The two sons still went to court in 2020. They argued that the painting had already been given to them by the woman in 2003. They also stated that the woman had a mental disorder: according to them, the woman lived under the delusion that by making the donation, as a sacrifice, she could save the life of her seriously ill granddaughter.
However, the judge ruled that the Rijksmuseum acted in good faith when acquiring the painting. This means that even if the woman was not authorized to donate the painting to the Rijksmuseum or was suffering from a mental disorder, the Rijksmuseum acquired ownership of the painting by statute of limitations.
According to the judge, there was no reason for the Rijksmuseum to doubt the donor’s competence or her mental state. According to the court, the museum has conducted sufficient research into this in the given circumstances. The work may therefore remain in the museum.
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