Inheritance Fraud and Concealment under Kuwaiti Law
How Kuwaiti legislation addresses the hiding or falsifying of estate assets by heirs or administrators
Introduction
Inheritance fraud is a sensitive yet increasingly reported offense in Kuwait, particularly within families where one or more heirs attempt to hide, manipulate, or misreport parts of the estate to gain unfair advantage. Kuwaiti law—based on a combination of Islamic inheritance principles and modern statutory provisions—prohibits such acts and provides legal mechanisms to challenge and penalize them. This article explores the legal treatment of inheritance fraud and concealment in Kuwait.
What Is Inheritance Fraud?
Inheritance fraud refers to any deliberate action taken to misrepresent, withhold, or falsify information related to a deceased person’s estate. This includes:
- Hiding bank accounts, real estate, or business shares
- Forging documents to alter shares or beneficiary lists
- Refusing to declare or submit assets for court division
- Illegally selling estate assets before the issuance of a final judgment
Legal Framework in Kuwait
Kuwaiti law treats inheritance fraud under several overlapping categories:
- Criminal Breach of Trust (Article 240 – Penal Code): For misappropriation of entrusted estate funds
- Forgery (Articles 257–263): If the heir creates or alters documents to gain a higher share
- Concealment or Non-disclosure: Violates procedural obligations in estate declaration before the Personal Status Court
Role of the Personal Status Court
The Personal Status Court (محكمة الأحوال الشخصية) supervises the division of estates. All heirs are required to declare known assets and debts of the deceased. Any attempt to omit or manipulate this process may result in:
- Delay or suspension of the division process
- Appointment of a judicial guardian or external administrator
- Referral to criminal investigation
Common Scenarios of Inheritance Fraud
- One heir controlling the deceased’s home and refusing access to other beneficiaries
- Withdrawing funds from joint bank accounts after death without court permission
- Using outdated or falsified power of attorney documents to transfer property
- Transferring real estate titles without consent or full disclosure
Legal Remedies for Victims
If you suspect inheritance fraud, you may:
- File a civil objection within the estate proceedings
- Request asset disclosure or appoint an accounting expert
- Submit a criminal complaint for forgery or breach of trust
- Ask the court to freeze disputed assets or issue precautionary measures
The court has discretion to reallocate shares, reverse transactions, and issue compensation orders.
Burden of Proof
The burden of proof lies on the party alleging concealment or fraud. Strong evidence may include:
- Bank records, property deeds, and transaction logs
- Testimonies from accountants, lawyers, or other heirs
- Comparison of declared vs. undeclared assets
