Trust Estate
The Fine Art Of Trusteeship: Holding Structures For Collectors

The market for fine art is thriving, and trusts and trustees are important in how the market works for the interests of those wanting to acquire and safely transfer these works. This article examines the territory.
The following article about the intersection of trusts and fine art is from Lisa Vizia (pictured below), director, and Karin Brehaut, assistant trust manager, Saffery Champness Registered Fiduciaries. The editors are pleased to share these thoughts with readers. The usual editorial disclaimers apply. Email tom.burroughes@wealthbriefing.com if you want to jump into the conversation.
In May this year, the Codex Sassoon sold at Sotheby’s for $38 million to a private collector– a record-breaking sum for an ancient manuscript. Just days later, Sotheby’s completed the historic sale of the GRAILS digital art collection – generating almost $2.5 million. From historical artefacts, to NFTs, the art and artefacts market is booming again – and for investors, and their advisors, trusts can provide significant benefits when building and maintaining a collection.
The art market has had a flying start in 2023, building on the significant recovery seen last year.
That success was driven by several notable sales of private collections, including the prominent Macklowe collection, which included works by Rothko and Warhol and which Sothebys auctioned for $922 million; that of the late Microsoft co-founder, Paul Allen, which Christie’s disposed of for $1.5 billion.
Such sums buoyed the market following Covid-19, with global sales in 2022 superseding the pre-pandemic figure of 2019 and increasing 3 per cent year-on-year (UBS). Clearly, private art collecting, long a passion for those with the wealth to pursue it, underpins the vitality of the industry.
But the motive for private art investment often goes beyond personal interest.
The value of quality assets generally increases consistently, making art an effective hedge against volatility and an important part of a well-diversified portfolio. In addition, for many collectors, commitment to the arts is paramount to building a wider personal and philanthropic legacy.
Amid this continued interest, though, the regulatory environment
for the art market is evolving – creating complexities for
collectors and their advisors. The impact of the EU Regulation on
the Import of Cultural Goods continues to grow, particularly when
coupled with the after effects of Brexit for UK-based collectors;
while the Financial Action Task Force (FATF) recently published a
report on the risk indicators for potentially illicit activities
in the art space – such as transactions being used to finance
terrorism or for money laundering.
It is notable that one risk indicator listed was the presence of
a trust in a transaction.
But, in truth, there are significant and legitimate reasons for
holding artworks in a trust – while working with trustees adept
at handling artworks and their associated risks, and in
coordinating experts spanning valuers, insurers,
transport/storage agents and legal and security teams, provides
distinct benefits.
Firstly, trustees can ensure that each piece is considered on an
individual risk basis, factoring in its provenance; authenticity
and attribution; together with its political, ethical, and
cultural significance; and any geographical issues, such as
high-risk countries and jurisdictional regulations surrounding
transportation and storage. Trustees can also advise upon the
transfer/sale of a collection on behalf of beneficiaries
inexperienced in dealing with art (which, depending on
circumstances, an assessment of the collection for a potential
sale should be considered and planned for carefully, as certain
pieces could be grouped to maximise potential sale value across
the entire collection).
Secondly, trustees can manage a collector’s long-term
legacy-building strategy. This can mean preserving, or indeed
growing, a collection across the generations; providing security
for the collection in its entirety in the event of familial
breakdown or dispute; and establishing a philanthropic plan. This
can include promoting the collection’s “brand” and coordinating
and funding partnerships, exhibitions, and tours at museums
otherwise unable to afford them; funding the restoration of
heritage sites; and administering significant art-related
publications.
Indeed, the Macklowe and Allen sales are prime examples in which
trusts or foundations could provide advantages for the
collections – from protecting assets during separation and from
loss of value in quickfire sales, to coordinating the effective
realisation and charitable donation of a collection’s
proceeds.
Thirdly, trustees might leverage the collection as part of a
broader portfolio strategy and unlock liquid capital through
loans, sales or art-backed lending.
Finally, the use of trust structures can be vital for collectors
requiring privacy and security – not least those whose assets may
be at risk of, say, seizure by a ‘bad’ state actor or who face
threats of theft, bribery or kidnap if their personal ties to a
collection were known. Equally, UHNW individuals might face price
inflation when purchasing if their identity were known. Trustees
can mitigate this via a special purpose vehicle (SPV), to handle
the initial stages of purchasing/selling before necessary
disclosures.
With almost 60 per cent of UHNW individuals planning to invest in
art in 2023, according to Knight Frank’s Wealth Report,
and art the top performer in its Luxury Investments Index last
year, the private market is thriving. Trusts and trustees play a
valuable role in supporting this burgeoning market.
Lisa Vizia