In application of article 382 of the French Civil Code, the parents assume the role of legal Administrator of their minor child. When the latter is the heir, the parents or the parent who assumes parental authority can choose and regularise the inheritance as representative of the minor child. In application of article 387-1 of the French Civil Code, in the version in force since 01st January 2016, the prior judicial authorisation is necessary to accept purely and simply an inheritance left to a minor since this option has significant implications on the minor's estate. In its judgement No 15-24.840, the First Civil Chamber of the Court of Cassation confirmed that pure and simple acceptance of an inheritance by a minor without the required authorisation is null and void. The prior judicial authorisation is also necessary to renounce the inheritance on behalf of the minor. Article 387-1 of the French Civil Code is central to the management of minors' assets, especially regarding acts of disposition. In this sense, Court of Cassation, First Civil Chamber, judgement No 19-15.380 of 13 May 2020 and judgement No 21-11.958 of 16 March 2022. These decisions illustrate the importance of the judicial authorisation for certain acts of disposition regarding minors' assets, and the legal consequences in case of failure to comply with this requirement.
The prior authorisation is not necessary for the acceptance with benefit of inventory. It is an act of administration that protects the minor's interests and which one parent or the other has the power to carry out on their own. This option limits the responsibility of the minor for the debts of the inheritance up to the value of the assets he or she receives.
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