Kuwait Court of Cassation principle number 1154

A disposition made during death illness with donative intent is a disposition taking effect after death and is governed by the provisions on wills. - Islamic Sharia and the laws enacted concerning it constitute the law applicable to a will. - A will. Its nature and conditions of validity. Execution of a bequest to a non-heir within one-third of the estate remaining after payment of debt, without the heirs' approval. - The limits of the female disposer’s disposition during death illness with donative intent for general charitable purposes. Its import. Treating her disposition to the appellant in his capacity, as he is not among her heirs, as a disposition taking effect after her death. Its consequence. Execution of this disposition within one-third of her estate after payment of her debts. - Rejection of the principal claim for the validity and enforceability of the donation contract. Its import. The Court of Appeal's consideration of the alternative claim, as it is not a new claim but falls within the scope of the principal claim made before the court of first instance. - 543 - Personal Status