How Much Does the L/A Cost in Ghana?
There are 3 levels of payments in the Application process. The Lawyer’s Fees, paid to your Lawyer for legal services, the Court Fees paid to the Court for filing of your documents and the Estate Duty levied by the Court on the value of the estate.
Costs of L/A in Ghana
Three (3) main types of costs involved in Letters of Administration proceedings
Court Fees
Paid to the Court
As low as GHc50 up to GHc1000+. Cost of filing legal documents in Court.
Legal Fees
Paid to the Lawyer
GHc14,000 max for GHc200,000 estate. GHc14,000 + 5% for estate greater than GHc200,0000.
Estate Duty
Paid to Court/Government
3% on the value of the estate.
Court Fees
The Administration process is done by filing legal processes at the Court. The Courts charge a filing fee for every legal process filed. The filing fee is a small charge that is levied for every document or legal process filed.
Each legal process has its charge and the charges are determined by the Rules of Court Committee. The most current filing fees are in the Civil Proceedings (Fees and Allowances) (Amendment) Rules 2014 (C.I.86).
The amount involved for each process depends on the particular type of process being filed. It may be as little as GHc50, GHc500, GHc1,000 or more.
The total amount to be paid as filing fee throughout the application process is impossible to pre-determine. This is because every case is different and may require different legal solutions. However, for a small estate with no contentions and no family disputes, about GHc500 to GHc1000 will be a reasonable budget for filing fees.
Legal Fee
The Solicitor’s fees usually depends on the size and value of the estate. In other words, a small estate will attract a smaller legal fee than a large estate. Estates smaller that GH₵200,000.00 attract a maximum legal fee of GH₵14,000.00.
It is worth noting that an experienced senior lawyer will charge more than a lawyer who is fresh out of law school. However, the charges are not arbitrary, the Ghana Bar Association determines the legal fees of lawyers and the 2022 GBA Scale of Legal Fees provides the most current guide for legal charges in Ghana. Inheritance cases are dealt with at page 8 of the Scale of Fees. These are all negotiable.
Please note that the Solicitor’s Fee is paid to the lawyer for legal services and it is separate from the fees paid to the court and other incidental fees/bills.
Estate Duty
The Law levies an Estate Duty on the estate. It is based on the value of the estate. It is approximately 1% – 3% of the value of the estate.
The Court will only release the actual Certificate (L/A or Probate) after the Estate Duty is paid.
Additional Expenses
Apart from the official costs, there are other incidental expenses. These are necessary for a successful estate administration. They are not paid to the Lawyer or Court.
These include incidental costs like transportation, and other similar costs, etc.,.
The Administrator or Executor ought to pay for all expenses out of the estate. They must settle the expenses before the distribution can take place. Therefore, it is advisable for Administrators and Executors keep receipts of payments made on behalf of the estate. This will allow them to claim the amounts involved from the estate before distribution.
The Administrator or Executor may not claim wages, salary or Income. It is only where the Administrator or Executor is a lawyer, accountant or some other Expert offering professional services that they may claim wages, salary or Income.
Need Specific Legal Guidance? The information provided in this guide is for educational purposes and does not constitute legal advice. Because inheritance laws can be complex and highly specific to your family’s circumstances, we strongly recommend consulting a qualified lawyer before making any major decisions.
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24 responses
I think you should have a second look at the time the Estate Duty is paid. Some people after they receive the L/A would have to wait for about 6 months to a year to receive the Estate (especially those applying for the benefits of their deceased guardians). These people are forced to borrow huge amounts to settle the duty which puts burden on them. In cases like this, I think the ideal thing is to work hand-in-hand with the authorities responsible for the disbursement of these funds and deduct the duty from source.
The Court can grant the L/A application, but you will only receive the actual L/A document after you have paid the estate duty. This is why many are forced to take loans to pay the estate duty. They get the L/A application granted but cannot afford the estate duty and so the estate is locked up until they pay. I think a good solution is to have a fixed maximum. So the estate duty can be stated as 1% to 3% of the estate or GHc5,000 whichever is lower.
Can you bring your personal lawyer or the court will give you one.
Hello Ivy, You will have to engage a lawyer of your own choice to represent you in a case. If you cannot afford a lawyer, the Legal Aid Department can help you get a government lawyer at little to no cost.
Dear lexisghana.com webmaster, Thanks for the well-structured and well-presented post!
Hello Victor Commons, Thanks for reaching out to us. We appreciate your comments.
Hello pls a lawyer said he’s taking 20 percent don’t know if it’s the inheritance money or the value on it
Hello Ransford, Thanks for reaching out to us. You will have to ask your lawyer for further clarification on his/her legal fee. Our article on Cost of Letters of Administration in Ghana might be helpful.
When are fees due? And,,, can fees be paid out of the proceeds of the estate??
Hello David Knapp, Thanks for reaching out to us. COurt fee must be paid first before they will accept documents. Terms of Legal fee will be negotiated with the lawyer. Estate Duty will be paid before the L/A will be released by the Court. Expenses for the estate must be paid for out of the estate. If it pre-financed, it must be refunded after proof of financing is provided.
Too expensive
Hello Ebenezer,
Your comment is appreciated. How much do you think the cost for L/A should be?