Kuwait Court of Cassation principle number 1227

The rule that there is no estate until debts have been paid. Its implication. Upon death, the estate remains encumbered by an accessory right in rem in favor of the deceased's creditors, enabling them to recover their debts from it in the hands of any heir or any person to whom the heir has disposed of it. Its condition. That the debt subsists, necessarily entailing that the heir is liable for the deceased's debts to the extent of the deceased's estate devolving upon that heir. - An allegation that the deceased debtor left no estate. Does not negate the creditor's legal interest in claiming against the heirs the right forming the subject of the action, whatever the outcome of enforcement of the judgment rendered therein. The reason: ascertaining whether an estate exists is a fact unrelated to the action claiming the debt owed by the deceased, but rather concerns a matter subsequent to the issuance of the judgment obligating the heirs within the limits of the estate of that deceased devolving upon them. 1- Deathbed illness: