A world famous artist’s family are locked in a fierce legal battle for control of his multi-million pound estate.
Lynn Chadwick, who died in 2003, was amongst the most renowned sculptors of the 20th century, carving out his name when he beat the legendary artist, Alberto Giacometti, to scoop the sculpture prize at Venice’s Biennale Festival in 1956.
In later years, the former World War Two navy pilot turned out thousands of exquisite mobiles and sculptures, the High Court heard, with many of them exhibited near his country home, Lypiatt Park, in Gloucestershire.
The Royal Academician’s creations grossed top prices in salesrooms around the world, with his sculpture, Couple on Seat, selling for £1.4m in 2006.
Lynn Chadwick, who died in 2003, was amongst the most renowned sculptors of the 20th century
The three times married artist died aged 88 in 2003, having ceased work at the age of 82 when his health deteriorated.
But his family are now caught up in a bitter legal row over ownership of hundreds of his works.
The case pits his youngest daughter, Sophie Chadwick, 58, against the company her father set up to market his works – Lypiatt Studio Ltd.
Mr Chadwick’s widow, Eva, is a director the company – owning 52% of the shares – as are Sophie’s sister, Sarah Marchant, 60, and her half-brother, Daniel, 49.
The artist’s first son, Simon, died aged 75 earlier this year.
Eva Chadwick, who married the sculptor in 1965, is Daniel’s mother and Sophie and Sarah’s step-mother.
Sophie, who is representing herself in court, says most of her father’s works and copyrights should form part of his estate and be divided equally amongst his children.
But lawyers for Lypiatt Studio Ltd claim the company – controlled by his widow – is the rightful owner of the bulk of his oeuvre.
Under the artist’s will, Eva Chadwick was left half of Lypiatt Park outright, the other half being placed in trust to produce an income for her for life.
Crucially, he also bequeathed her two of his shares in the company, giving her a controlling stake in the business they established together in 1973.
The four children were left with minority stakes of 12% each, Judge Richard Spearman QC heard.
His personal possessions – but not his works of art – were ‘divided informally’ amongst his family.
Sophie Chadwick (left) says the art should be distributed among Lynn’s relatives but Daniel Chadwick and mother Eva (right) argue it belongs to his company
But everything else was left in trust for the children equally, said barrister, Amanda Michaels, for the company.
However, if the court rules in the company’s favour, Eva, who cared for her husband in his declining years and helped run his business, will have a controlling say over what happens to his collection.
A win for Sophie, on the other hand, would mean that 25% of her father’s works would be held on trust for her benefit.
Eva Chadwick and the artist’s three surviving children were all in court for the hearing.
Miss Michaels said Mr Chapman ‘rose to fame’ after winning the coveted
Venice Biennale in 1956, ‘thereafter achieving global success and acclaim’.
‘He had a long career producing a variety of artworks including drawings and lithographs, but he was principally a sculptor.
‘His works are exhibited at leading galleries and museums around the world.
‘This claim relates primarily to the rights in his works of sculpture – including mobiles and stabiles – but also includes the company’s claim to numerous drawings and lithographs, many but not all of which are associated with his 3D works.’
Much of his work was done at Lypiatt Park, a ‘large but run-down Tudor manor house’ which he slowly restored over many years.
The house and grounds were used to ‘showcase’ his works, said the barrister, and outbuildings were used as a temporary foundry and to store hundreds of his pieces.
‘The artist was always keen to keep as many of his works together at Lypiatt Park as possible,’ added Miss Michaels.
Mr Chadwick met Hungarian-born Eva in 1964, and although at times they had ‘other relationships’, they remained married and lived at Lypiatt Park for many years.
Lynn Chadwick at work on an iron sculpture in his studio during the nighttime at a Cotswold farm
Sarah Marchant (left) and Daniel Chadwick (right) own a controlling stake in their deceased father’s company
She played a key part in his artistic life, arranging exhibitions, dealing with marketing and ordering casts to be made.
Lypiatt Park Ltd is asking the judge to rule that it owns legal title to, and copyright in, the bulk of Mr Chadwick’s works.
Miss Michaels said the artist had operated as ‘a sole trader’ in his early career but, from 1973, he did everything through the company.
The barrister accepted that the ownership issue is complicated by the fact that Mr Chadwick created some of his collection before the company came into existence.
She added that, in 2005, Sophie Chadwick ‘raised the issue of ownership of his works and copyright which is at the heart of this long-running dispute.’
The issue comes down to the extent to which Mr Chadwick transferred his physical creations and copyrights to the company before his death.
Anything which he did not transfer would fall into his estate, to be divided between his children in equal shares.
Miss Michaels said the artist had always ‘wished to keep all his works together’, even to the extent of buying back his own work from collectors.
Mr Chadwick was himself an ’employee’ of the company, which paid for his casting equipment and other materials, she said.
The barrister argued that all the hundreds of works and copyrights he owned prior to 1973 had then been transferred to Lypiatt Studio Limited.
‘The company’s primary position is that the artist was an employee of the company and produced the works after 1973 in the course of that employment.’
The works were the company’s ‘stock in trade’ and ‘were treated as such for 30 years from 1973 to the artist’s death,’ she argued.
Sophie Chadwick says she had a conversation with her father in France, in 1993, during which he said he ‘wanted to pursue a new business outside the company’.
And she hotly disputes the company’s claim to own the bulk of her father’s physical works and copyrights.
But Miss Michaels said she was a child in 1973 and ‘never had any involvement in the business of creating, exploiting, preserving and storing the artist’s work.’
Judge Spearman has now reserved his ruling in the case and will give his decision at a later date.