Our law firm, based in the Plurinational State of Bolivia, offers specialized legal advice in family and inheritance law, ensuring strict compliance with legal provisions in defense of the child’s best interest.
LEGAL CAPACITY OF PARENTS AND REPRESENTATION OF MINORS IN BOLIVIA
Accordingly, parents can represent their children in ordinary administrative matters—such as accepting an inheritance or handling preliminary bank formalities—without needing a formal guardianship declaration. This authority is established by Article 38.I of Law No. 603 (Families Code), which states that unemancipated minors are under the authority of one or both parents. Article 46.I affirms that parents administer their children’s assets and represent them in civil matters according to their best interest.
Further legal backing is provided by Article 5 of the Bolivian Civil Code, which allows civil acts of minors to be performed by their legal representatives, and Article 36 of the Code of Civil Procedure, which presumes parental representation without requiring additional proof unless challenged in court.
However, for asset disposal acts—such as withdrawing inherited funds—express judicial authorization is required, as mandated by Article 47.I of Law No. 603 and Article 1040 of the Civil Code, which restrict such actions when performed under the benefit of inventory.
INHERITANCE OF MINORS UNDER BENEFIT OF INVENTORY IN BOLIVIA
When a minor inherits property, the inheritance must be accepted under the benefit of inventory. This legal safeguard limits the minor’s liability solely to the value of the inherited estate, protecting their personal assets.
Forced heirs in direct line, such as children, have a legitimate right to inherit. However, under Article 1040 of the Civil Code, if the heir accepts under the benefit of inventory, they may not dispose of inherited property without prior judicial approval.
RESTRICTIONS ON DISPOSING OF MINORS’ PROPERTY IN BOLIVIA
The current legal framework prohibits parents or legal representatives from selling or encumbering (e.g., mortgaging, pledging) property belonging to their children without express judicial authorization. This rule especially applies to inherited assets such as bank accounts, land, or real estate.
The requirement for judicial authorization ensures that any asset disposal is necessary and beneficial to the minor, thereby safeguarding their patrimony and future.
Example: If a mother needs to withdraw funds inherited by her child to pay for an urgent medical procedure, she must file a request with a judge, who will evaluate the necessity, urgency, and usefulness of the withdrawal.
LIMITATIONS OF NOTARIAL PUBLIC DEEDS FOR MINORS’ PROPERTY IN BOLIVIA
Although a Notarial Declaration of Heirs issued by a public notary carries legal weight, it does not authorize the final disposal of minors’ assets. According to Bolivian legislation, such acts require prior judicial resolution.
Example: A bank cannot authorize the withdrawal of funds from an inherited account belonging to a minor based solely on a public notarial deed. A court order is also required.
If you need legal guidance regarding the management or disposition of a minor’s inherited assets in Bolivia, our team of experienced attorneys is here to help. Contact us for personalized and professional legal assistance.
FREQUENTLY ASKED QUESTIONS (FAQs)
Can a parent withdraw money inherited by their child without judicial authorization?
No. A court resolution is required to authorize the withdrawal based on proven necessity and benefit for the minor.
Is a notarial deed valid for claiming an inheritance on behalf of a minor?
It is valid to establish inheritance rights but does not authorize asset withdrawal or disposal without a court order.
Does a mother need legal guardianship to represent her child in inheritance proceedings?
No. Parental representation is legally recognized, unless there is a conflict of interest.
When is a minor considered to have accepted an inheritance?
When their legal representatives accept the inheritance under the benefit of inventory.
What happens if a bank authorizes an unauthorized withdrawal of a minor’s funds?
The bank may face legal liability for violating the child’s protected patrimonial regime.
- Asamblea Legislativa Plurinacional de Bolivia. (2005). Código Civil.
- Asamblea Legislativa Plurinacional de Bolivia. (2014). Código Procesal Civil, Ley N° 439.
- Asamblea Legislativa Plurinacional de Bolivia. (2014). Código de las Familias y del Proceso Familiar, Ley N° 603.
- Asamblea Legislativa Plurinacional de Bolivia. (2013). Ley del Notariado Plurinacional, Ley N° 483.
- Decreto Supremo Nº 2189 y Decreto Supremo Nº 5012.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
