Kuwait Court of Cassation principle number 1141

The fitness of the chosen testamentary guardian to carry out the affairs of the testamentary appointment. Its conditions. Capacity to bear religious obligations, Islam, and competence, meaning the ability to carry out the affairs of the testamentary appointment. Inability. Its effect. The judge may appoint alongside him a qualified person to assist him. - Determining the testamentary guardian's inability and the fitness of the person appointed alongside him. Within the authority of the trial court. Assessment of indications and documents and understanding of presumptions without needing to follow the litigants. The basis of their defenses and their various arguments. Sufficiency of an implicit response. - 540 - Personal Status