Kuwait Court of Cassation principle number 4213

The decedent retaining possession of the property he disposed of to one of his heirs and his right to enjoy it throughout his life. A legal presumption that it is a disposition taking effect after death, to which the provisions governing wills apply. The condition thereof: the disposition must be to one of the transferor's heirs, the transferor must retain possession of the property in any manner throughout his life, and his enjoyment of it must rest on a legal right. The transferor's mere possession throughout his life of the property disposed of to one of his heirs, without his enjoyment resting on a legal right authorizing it, or without such retention being accompanied by actual possession of - 827 - Ownership the property and enjoyment thereof. Does not establish the legal presumption. The burden of proving the fulfillment of the conditions of this presumption falls on the person invoking it.