Succession for Muslims is governed by the Personal Status Law, Law No. 51 of 1984, which applies Shariah principles to the composition and distribution of the estate. Where the estate or the family has a foreign element, the applicable law is determined under Law No. 5 of 1961 concerning relations having a foreign element. The firm advises individuals and families on the ownership, protection and succession of private wealth held in Kuwait and abroad.
The difficulty is rarely the share, which the law fixes. It is what the estate consists of: an operating business, a shareholding subject to pre-emption rights, property in a jurisdiction that applies its own succession rules, and heirs resident in different countries. We advise on wills, gifts and endowments, and on holding structures arranged so that succession does not force the disposal of a business the family intends to keep.
We advise on the holding structures through which private assets are owned, on real estate and investment portfolios, and on the regulatory and tax questions that arise where family members are resident in different countries. Where advice on foreign law is required, we instruct and coordinate counsel in the relevant jurisdiction.
Where an estate or family dispute has arisen, the firm acts in the resulting proceedings, including the determination of the estate, its inventory and division, claims between heirs, and the removal of an executor or guardian. We pursue negotiated resolution where the client instructs it, and in family matters that is usually the outcome worth pursuing first.