Kuwait Court of Cassation principle number 4222

The deceased’s retention of possession of property which he disposed of to one of his heirs and of his right to enjoy it throughout his lifetime. A legal presumption that it is a disposition taking effect after death and is therefore subject to the rules governing wills. The conditions for this: that the disposition be to one of the disposer’s heirs, that the disposer retain possession of the property by any means throughout his lifetime, and that his enjoyment of the property rest on a legal right. Mere possession by the disposer throughout his lifetime of property disposed of to one of his heirs, without his enjoyment resting on a legal right entitling him thereto, or without such retention being accompanied by actual possession and enjoyment of the property. Does not establish the legal presumption. The burden of proving the existence of the conditions for this presumption lies upon the person asserting it.