Kuwait Court of Cassation principle number 1160

The obligatory bequest. Conditions of entitlement to it and its governing rules. - A bequest to a person entitled to an obligatory bequest exceeding his share. Its effect. The excess constitutes a voluntary bequest. The heirs may approve it, whereupon it is paid out of the estate, or withhold approval, whereupon that excess is void. - A bequest to some persons entitled to the obligatory bequest to the exclusion of others. Its effect. Those others are entitled to a bequest equal to their share out of one-third of the estate. - The obligatory bequest. Takes precedence over other bequests. Its meaning. Where the grandfather dies without making a bequest to the descendants of his child who died during his lifetime, and makes bequests to others, if the remainder of one-third of the estate suffices, it is paid out of it; if it does not suffice, it is paid out of it and out of what was bequeathed to others. Contravention of this by the Sharia inheritance distribution instrument. Its effect. Its invalidity. Example. - Guardianship: