Kuwait Court of Cassation principle number 2896

The presumption that a disposition is intended to take effect after death. Its effect. Applicability of the provisions governing wills stipulated in Article 943 of the Civil Code. Applicability of this presumption to a gift contract as one of the dispositions stipulated therein. Conditions for this presumption to arise: the disposition must be to one of the transferor’s heirs; the transferor must retain possession of the property disposed of, in any manner whatsoever, throughout his lifetime; and the transferor’s enjoyment of the property must be based on a legal right. Consequence thereof. Neither the transferor’s mere possession of the property disposed of throughout his lifetime without his enjoyment thereof being based on a legal right authorizing it, nor his retention of his right to enjoy the property disposed of without this being accompanied by actual possession and enjoyment of the property, suffices alone to establish that presumption. The burden of proving it rests on the person asserting it.