The Elephant in the Room: Inheritance of Unwanted Ivory

Inheriting items from a loved one can be a bittersweet experience. While these possessions may hold sentimental value, there are instances where they include items that raise complex legal and ethical questions. One such item is ivory. The sale of ivory has been strictly regulated due to concerns about the conservation of endangered elephant species, and inheriting unwanted ivory can present a unique set of challenges.

The international trade in ivory is heavily regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES aims to protect endangered species, including elephants, by imposing a near-total ban on the international commercial trade of ivory. This ban is in place to curb poaching and the illegal ivory trade, which has devastating consequences for elephant populations.

In many countries, including the United States, laws and regulations have been enacted to enforce CITES regulations. It's crucial to understand these laws when inheriting ivory, as ignorance is not a defense if you run afoul of the law.

So, what are your options for dealing with unwanted ivory?

Keep it as a family heirloom: Some people choose to keep ivory items they have inherited as family heirlooms, since they may hold sentimental value. The law does not restrict the personal possession of ivory – only the sale of ivory.

Donate it to a museum or educational institution: CITES does not forbit the donation of ivory items as long as those items were lawfully acquired (such as through inheritance or gift). Many museums and other such institutions possess and display ivory items for educational and cultural purposes. Donating inherited ivory to such organizations can ensure that it is preserved, used for science or law enforcement training, or appreciated as art for generations to come.

Work with a qualified appraiser to document and sell the piece: Antiques may be exempt from the sales ban if it is more than 100 years old. Since the rules of selling ivory are very strict, you must be certain of your ivory’s history before attempting to sell it. If you're at all unsure about the legal status of the ivory or its value, best practice is to consult with an appraiser. They can assess the item's provenance, value, and legal status.

Surrender it to the authorities: In some cases, inherited ivory may not have a clear legal avenue for possession or sale. In such instances, it may be best to surrender the ivory to the U.S. Department of Fish and Wildlife, which can ensure that it is either correctly disposed of or used for conservation education.

Inheriting (or bequeathing) ivory generally does not present a legal challenge, but do not attempt to sell any ivory pieces without proper authentication by a qualified appraiser. It's essential to navigate these issues with care, understanding the relevant laws, and considering the impact of your decisions on the conservation of endangered species. Consulting with Walls Legal Services and experts in the field can help you make informed choices that honor your family's history while upholding the principles of responsible and ethical stewardship.