Late Swiss Businessman Werner Merzbacher's Art Collection Sparks Legal Dispute

An important collection of modern art amassed by Werner Merzbacher, a Swiss collector who died in 2024, is currently embroiled in a legal battle regarding his will and the rightful control of his paintings. Merzbacher, who built his wealth through a fur business and currency trading, acquired many artworks through his grandfather-in-law, Bernhard Mayer. The collection, valued at 600 million francs (approximately $742 million), features renowned artists such as Vincent van Gogh, Paul Cézanne, and Henri Matisse.

Legal Issues Surrounding Merzbacher's Will

Merzbacher's estate is facing intense scrutiny in court, particularly concerning his will, which was reportedly amended multiple times. According to the Neue Zürcher Zeitung (NZZ), the will's revisions allegedly favored his unnamed asset manager. Instead of dividing the estate among his two children and the descendants of his deceased daughter, the will proposed a four-way split, significantly benefiting the asset manager.

The asset manager responded to claims of unfair profit, stating her actions were in line with “standard Swiss practice.” Just five months before his death, while undergoing cancer treatment, Merzbacher allegedly rewrote his will by hand. His heirs argue that he was in a “dire state of health” and may not have fully comprehended the implications of the document.

Implications for the Kunsthaus Zurich Loan Agreement

Another contentious aspect of this legal battle involves Merzbacher's agreement with the Kunsthaus Zurich, where much of the collection has been on long-term loan since 2018. While the museum appreciated the loan as a gesture of gratitude to Zurich, the current legal issues could jeopardize this arrangement. NZZ reports that Merzbacher's widow, Gabriele Merzbacher-Mayer, holds rights to the loaned works, but does not own them outright.

If the court decides to change the inheritance agreement, the loan terms could come under further review, especially as the case is set to go to trial in September. The collection is scheduled to remain on loan until the end of 2038, with automatic renewals every three years if the agreement stands.

Broader Context of Art Collection Loans in Switzerland

This legal dispute is not an isolated incident in Switzerland's art scene. The E. G. Bührle Collection, which includes artworks with a controversial history, has also faced challenges. Following protests, including one from artist Miriam Cahn, the Bührle Foundation reached a settlement with heirs of Jewish collectors persecuted by the Nazis in 2025.

The Bührle Collection remains accessible at the Kunsthaus Zurich until its contract expires in 2034, but the foundation has altered its guidelines to allow loans beyond Zurich. This raises concerns about the future of both collections and their presence in the museum. A museum spokesperson declined to speculate on potential future scenarios.