Wills for Expatriates in Kuwait: Which Law Applies and How to Make One That Works

You live and own assets in Kuwait but your family is abroad — what happens to your bank accounts, car and end-of-service money if you die here? Wills for expatriates in Kuwait are possible and often advisable, but they interact with the rules that Kuwaiti courts apply to a foreigner’s estate. In this guide, Attorney Meshari Obaid Alenezi explains what a will can and cannot do, and how to make one that will be recognised.

Which Law Governs Your Estate

• Nationality rule: as a starting point, succession to a foreigner’s estate is governed by the law of his or her nationality at death, subject to Kuwaiti public policy.
• Muslim expatriates: Islamic inheritance shares are generally applied, and a will can dispose of no more than one third of the estate and not in favour of an heir without the heirs’ consent.
• Non-Muslim expatriates: the home-country law is usually applied, which often allows free disposition by will — but that law must be proved to the court.
• Assets abroad: real estate outside Kuwait follows the law where it is located; a Kuwaiti will does not override that.

Making a Will That Works

• Notarisation: a will signed before the Ministry of Justice notary, or a foreign will legalised and translated, is far easier to enforce than a private document.
• Executor: name a person in Kuwait, or give a power of attorney, so that someone can act quickly with banks and employers.
• Asset list: list accounts, vehicles, shares and the employer holding your end-of-service indemnity.
• Guardianship: a will can express who should care for minor children, which the court weighs when deciding.

What Happens Without a Will

• Frozen accounts: banks freeze accounts until a succession certificate is issued.
• Succession certificate: heirs must obtain a certificate from the Kuwaiti court, usually with legalised proof of the family relationship from home.
• Delay: without documents in order, funds may sit for months while heirs abroad arrange powers of attorney.
• Employer payments: end-of-service dues are paid to the heirs proven by the certificate, not to whoever asks first.

Frequently Asked Questions

I am a non-Muslim expatriate. Can I leave everything to my spouse?

Often yes, if your national law permits it and the court is provided with proof of that law. A notarised will in Kuwait, with a legalised copy of the relevant foreign law provisions, makes this far smoother.

My father died in Kuwait and I am abroad. How do I access his account?

Through a succession certificate from the Kuwaiti court and a power of attorney to a lawyer here. The lawyer files for the certificate, deals with the bank and the employer, and transfers the funds to the heirs.

To draft or enforce a will in Kuwait, you can book a consultation with the office of Attorney Meshari Obaid Alenezi or call +965 2220 4490.

Disclaimer: this article provides general legal information and is not a substitute for advice on your specific case.