When establishing his Dr. Magnus Hirschfeld Foundation in 1919, Magnus Hirschfeld stated: "In the event that the foundation [...] should be dissolved, the foundation's assets shall go to the University of Berlin or, if it refuses to accept, to another institution of higher education..." The foundation has been the sponsor of the Institute for Sexual Science, which was also founded in 1919, since 1924. After its dismantling by the Nazis on May 6, 1933, the University of Berlin never claimed the legacy intended for it. The history of the Dr. Magnus Hirschfeld Foundation up to 1933 is traced through the foundation's records, which document attempts at re-establishment in exile based on Hirschfeld's bequeathed papers and documents in English archives. The failure of restitution and the attempts made since 1982 to transfer the legacy intended for the University of Berlin are also addressed.