Introduction

Inheritance is a sensitive legal process that requires transparency, fairness, and adherence to Islamic and civil law. In Kuwait, when an heir unlawfully seizes or conceals parts of the estate before official division among beneficiaries, it may constitute a criminal offense. This article explores how Kuwaiti law treats such acts, including applicable criminal and civil consequences.

What Constitutes Embezzlement by an Heir?

Embezzlement occurs when one heir:

• Withholds money or assets belonging to the estate
• Transfers estate property into their name before formal inheritance procedures
• Conceals certain assets from the other heirs
• Sells or uses inherited property without legal authority

Such acts violate both Sharia-based inheritance principles and the Kuwaiti Penal Code.

Legal Classification of the Offense

• Criminal Breach of Trust (Article 240): Misappropriating estate funds to which the heir has temporary access
• Fraud or Forgery: If the heir falsifies documents to gain an unfair share of the estate
• Obstruction of Justice: Refusal to disclose estate assets or comply with court-ordered division

Inheritance Law Framework in Kuwait

According to Kuwaiti law and Islamic jurisprudence:

• No individual heir may unilaterally dispose of estate property before official probate and division
• The division of inheritance must be based on a Certificate of Heirs (حصر ورثة) and court-supervised process
• Any unauthorized act is deemed invalid and may expose the heir to criminal prosecution

Judicial Precedents

Kuwait’s Court of Cassation has ruled in several cases that early appropriation of estate assets constitutes a punishable act, especially when done with concealment or against the interest of other heirs. Courts have ordered:

• Criminal penalties under Articles 240–249
• Full restitution of misappropriated assets
• Disqualification of the heir from estate administration

How to Respond as a Victim Heir

1. Gather evidence of concealment or illegal transfer (e.g., land records, bank statements, property deeds)
2. File a complaint with the Public Prosecution and submit a copy to the Personal Status Court
3. Request a travel ban or precautionary order to preserve estate property
4. Join a civil claim to recover the rightful share and request compensation

Recommended Legal Actions

Victims of inheritance embezzlement should:

• Hire a lawyer specialized in inheritance and criminal law
• Initiate a formal probate process if not yet started
• Coordinate between civil and criminal courts to expedite judgment