Kuwait Court of Cassation principle number 930

The heir’s patrimony is independent of the deceased’s patrimony. - The rule that there is no estate until the debt has been paid. Its import: the estate remains encumbered, immediately upon death, by an accessory right in rem in favour of the deceased’s creditors. - The heir is not liable for the deceased’s debt except to the extent of what has devolved upon him from the deceased’s estate, according to the order prescribed by law regarding priority of payment from the deceased’s estate. - The assertion that the deceased debtor left no estate does not negate the creditor’s legal interest in claiming the right for which the action was brought. The rationale therefor: ascertaining whether or not an estate exists is a factual matter unrelated to the action claiming the debt due from the deceased and concerns a matter subsequent to issuance of the judgment obliging the heirs within the limits of what has devolved upon them from the estate.