Kuwait Court of Cassation principle number 3155

The presumption that a disposition is to take effect after death. Its effect. Application of the provisions on wills stipulated in Article 943 of the Civil Code. This presumption applies to a gift contract as one of the dispositions stipulated therein. The conditions for this presumption to arise: the disposition must be in favour of one of the transferor’s heirs, the transferor must retain possession of the property disposed of, in any manner, throughout his lifetime, and the transferor’s enjoyment of the property must rest on a legal right. Its implication. Neither the transferor’s mere possession of the property disposed of throughout his lifetime without his enjoyment thereof resting 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, is alone sufficient to establish that presumption. The burden of proving it falls upon whoever asserts it.