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Inheritance Property Distribution in Ghana
There are two (2) main methods of inheritance property distribution in Ghana. Through a Last Will & Testament and in accordance with the intestate succession law, PNDCLaw 111.
You can purchase a copy of the PNDCLaw 111 here.
This post will only explain the distribution structure under PNDCLaw 111 and the persons who are entitled to inherit. Only the Spouse, Child, Parent and Extended Family have an automatic right to share in the estate of a deceased. All other persons will be required to prove their right to share in the estate.
Spouse and Children
Only the legally married wife or husband of the deceased will be recognized under PNDCL 111 as a Surviving Spouse. Divorcees, Girlfriends, Concubines, Side Chicks, Boy Toys etc., are all excluded.
The Law will recognize all the biological children of the deceased as Surviving Children. The Law will also recognize all the legally adopted children of the deceased as Surviving Children. Nephews, Nieces, Cousins etc. are all excluded unless they were legally adopted by the deceased.
The Surviving Spouse and Children of the deceased are jointly entitled to 75% of the properties (18.75% and 56.25% respectively). The remaining 25% goes to the Surviving Parents and Extended Family (12.5% and 12.5%).
Spouse Only
Where the deceased has no Children but dies leaving a Spouse(s), the Spouse will be entitled to 50% of the properties and the remaining 50% shared between the Parent and Extended Family (25% and 25% respectively).
Child Only
If the deceased is survived by a Child(ren) but no Surviving Spouse(s) then the Child(ren) is entitled to 75% of the properties and the remaining 25% goes to the Parents and Extended Family (12.5% and 12.5% respectively).
Parents Only
The biological parents of the deceased person are the Surviving Parents. However, the legal adoptive Parents of the deceased will also be recognized as Surviving Parents.
If the deceased person has no Spouse or Children, then the Surviving Parents, if any, will be entitled to 75% of the properties and the remaining 25% will go to the Extended Family.
Where There are No Surviving Parents
The distributions are in four parts, Spouse, Children, Parents and family.
The Spouse and Children form one block and the parents and family form another block.
The property always stays within the block, with the larger portion given to the children, then the spouse before the parents and the family.
So if there are no children for instance, you will notice the PNDCLaw 111 gives the spouse 50% and then the parents 25% and family 25%.
if there are no parents, the law will give that portion to the family so they get 25% instead of the original 12.5%.
No Surviving Relatives
If the deceased has no Spouse, Child, Parent or Extended Family member, then the properties will go to the government. The Administrator General of Ghana is the Public Officer designated to deal with such properties.
Grandchildren and Other Relatives
Grandchildren will only qualify if their parent (surviving child of the grandparent) predeceased the grandparent and the grandchildren were dependent on the grandparent during the grandparent’s lifetime. (i.e. Grandchildren were known by the deceased grandparent and if the deceased grandparent was taking care of them or maintaining them).
ILLUSTRATION – A: Kofi has a daughter Abena, and Abena has a son Kwame. Kofi is the grandparent, Abena is the parent and Kwame is the grandchild. Abena passed away in 1999, Kofi took care of Kwame from childhood until Kofi passed away intestate in 2005. Kwame will inherit Kofi. He will get the portion of the estate that would have gone to Abena if Abena were alive at the time that Kofi died.
ILLUSTRATION – B: Kofi has a daughter Abena, and Abena has a son Kwame. Kofi is the grandparent, Abena is the parent and Kwame is the grandchild. Kofi passed away intestate in 2005. Abena is alive and Kwame is also alive. Only Abena will get her portion as a surviving daughter of Kofi. Kwame will not qualify to inherit Kofi.
Other relatives who are not part of the qualified persons are not entitled to any share in the properties of the deceased.
124 Comments
Hi lexis,
My dad is dead and he built four houses, one four his mother side, one for his father side and built one for my mum and my mum name is on the land and the building in kumasi, he has one in accra that bears his name. My da died intestate, my dad made the contractor of the building to stay there and my father junior brother is claiming ownership for one of the apartments in the building. Please i want to ask does the house devolve to our mother and my siblings or the brother of my father has a share in the one landed property in my dads name.
Kind regards
There is situation where application was filed at the court for lettes of administration in respect of the deceased estate. In the affidavit of both the applicants and the head of family, it was stated that the deceased at the time of his death had two wives and seven children. Based on this the court granted the letters of administration to the two widows who applied as administrators. Now, it’s time to share the property and the family is saying that the deceased had another two wives which the administrator dispute and this stalling the sharing of the property.
1. What is the legal effect of the administrators compromise and allow these two other women to join in the sharing should there be a legal challenge for the administrators to account?
2. What happened if the administrators insist that only beneficiaries as presented to the court will be entitled to the sharing?
3. What of if the family and some of the children decide not to take part in the sharing, what will the administrators do with their share of estate?
Question 2
There is a lady the deceased marry but divorced her before his demise but after the death, the senior brother of the deceased brought her back to the matrimonial home to stay even though she was no longer the deceased wife before his death. Can the administrators get her out of the house? If so how can they do that?
You need to engage a lawyer as soon as possible since your question requires direct legal advice.
Hi Lexis, my grandfather died and willed his property to his two children. My dad later passed without them legally sharing the property. Does the full property now belong to his surviving sibling or we the children of my dad also have a claim in the property?
Please note that we cannot give you legal advice on this platform, we can only educate and help you to understand what the law says about a given subject. The current ownership of the property will depend on the devises in the Will. The Testator should have stated how it should be dealt with, if it is not expressly stated in the Will, then the law will apply the default position.
Thank you sir/madam for this.
Our dad died without a will and we the surviving children are 6. Unfortunately our mum too is late. Our father left a company and a house behind. My father’s brothers are
on my neck for my dad’s death certificate since I am the first child even though we are done with his burial. I fear what they might use it for so I have kept it away from them.
1. Who has the right to keep our father’s death certificate
2. What risks are involved when I give the death certificate to his brothers?
We have sent you an email. Please note that we cannot give you legal advice on this platform, we can only help you to understand what the law says about a given subject. Where a person dies without a Will, the estate is shared under PNDCLaw 111. Under PNDCLaw 111, if there is one house, it belongs to the wife and children. The rest of the properties will be shared as follows, Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%. It is a criminal offence to handle the estate of a deceased without first obtaining LA.
My boyfriend is a Ghanaian and has a partner in Ghana with whom he has two children.
I live abroad and I’m American. I’m pregnant and plan to have two more children with him as well. If he marries us both through Islam can both wives legally inherit 25% each intestate? Is traditional marriage enough or do we have to go to legally register?
Please note that we cannot give you legal advice on this platform, we can only educate and help you to understand what the law says about a given subject. The Ghana law recognizes Islamic traditional Marriage as a valid legal marriage. Registration is not necessary to prove the validity or legality of the marriage but a registration certificate may prove the existence of the marriage. In Ghana where a person dies intestate, the estate is shared under PNDCLaw 111. Under PNDCLaw 111, the spouses and children will all share 75%, the surviving parent (if any) will get 12.5%, and the remaining 12.5% will be shared under Customary Law/Islamic law. If there are no surviving parents, then that portion is added to the portion shared under Islamic Law.
Thank you for such a thorough and great response.
My dad gave my grandmother money to purchase a plot of land. She used her name as the owner in the documentation process. She passed away leaving my dad and her younger son (my uncle) without changing the ownership name into my dad’s name. Now, my uncle’s (my dad’s younger brother) family are claiming that, my grandmother came to them and informed them she had bought a plot of land for them and she intends my dad to build a house for them using one of our family’s business. Mean while the plot of land belongs to my dad ,though it’s in my grandmother’s name and he used his hard-earned money to raise a building on the land. Now the other family wants ownership of the land and their only evidence is they claim my grandmother told them she had bought it for them. According to the law, how would it deal with such a case?
Please note that we cannot give you legal advice on this platform, we can only educate and help you to understand what the law says about a given subject. Anybody who claims to be the true owner of a property which is in the name of a deceased person will have the obligation to prove that they are the true owner. The one making that claim will have to present sufficient evidence to prove that even though the property is in the name of the deceased, the ownership is still with the claimant. The owner of the land is the owner of every permanent thing (building, farms etc,) that is on the land. So any building constructed on family land is family property. The one who built the building will only have a lifetime interest in it. After their death, it will revert to the family.
My father passed on leaving us properties, the surviving spouse is our step mother. My father claim he gave birth with a lady… of which his condition at that time wasn’t good to impregnate a woman says the doctor….
More over after the woman gave birth shortly did my father die, the woman named the girl not after my dad’s name. And since our father told our uncles and us that he had a child with a woman we were expecting the girl bare our father’s name but that wasn’t the case. We had to force the woman for years before she agreed to change the name. With this can I conduct DNA test to confirm if the child was truly my dad’s…??
And if she’s not my dad’s child what can I do in this case?
The girl is 11years now and my dad passed away 10years 5months now
Please note that we cannot give you legal advice, we can only help you to understand what the law says about a given subject. If there is a Will, then every person who has been mentioned in the Will has the right to claim whatever they have been given in the Will. If there is no Will, then PNDCLaw 111 will be used to share the estate and only the biological or adopted children will have a right to share the portion that goes to the children under PNDCLaw 111. Again, if there is no Will, then only the lawfully appointed Administrator by the Court will have the right and authority to handle the estate. It is a criminal offence to handle the estate without first going to court for Letters of Administration. It is possible to apply to the court for a corpse to be exhumed and for paternity test to be conducted. However, there is a time limit because if the tissues of the corpse have decayed too much then the Paternity test will not be possible. A doctor who specializes in Pathology may be able to tell you whether after 10 years there is enough tissue left on the corpse for a DNA or paternity test.
My dad died not long ago he dad a multi million dollar company
I’m not the same field of the job but I’m still in school
What advise can you give me concerning the company ?
We cannot give legal advise on this platform. We can only educate. Where a person dies, if there’s a Will, there is a probate process that must be gone through. If there is no Will then PNDCLaw 111 will apply. It is a criminal offence to deal with the estate of a deceased without first obtaining Letters of Administration or Probate, punishable by fine imprisonment or both.
My wife and I got married and unfortunately she died with the pregnancy together with our unborn child. She acquired a plot of land and we started building on it before her demised. Her parents are both dead as well. My question is, do I automatically become the owner to the piece of land? We do not have any child together.
No automatic. If ther is no Will, then you may have to apply for letters of Administration at the appropriate court with the appropriate procedure and if it is granted, then the Administrator will have the right to vest the estate of the deceased into the beneficiaries in accordance with PNDCLaw 111.
please my grand father left a property for his eight children, the whereabouts of one is not known to date, one traveled and has since returned back to Ghana.However on her return she realized that the property have been shared among six siblings leaving her with nothing. All efforts to have her portion given to her has proved futile. please what will be your advise. The property is a land at a very prime area in the capital. Even though there was NO formal will, the father had all of the eight children sign on the indenture to partake in the sharing of the land on his demise. Please what is your advise.
We have responded by the email you provided.
Please does the family has the right to share property when there is no will and if no how will the law share five bed room plus two master bedroom and a hall plus another flat among a spouse six surviving children from different spouse and two from one spouse no surviving parents or brothers and sisters
only the legally appointed Administrator has the right to share estate of a deceased intestate. Note that it is a criminal offence for a person to handle or deal with the property of a deceased intestate without first obtaining L/A. This is punishable by fine imprisonment or both. After obtaining L/A, the Administrator will be required to share the estate in accordance with PNDCLaw 111. If there is only one house, then that house and the household chattel belongs to the wife and children. If there is only one private car, then the same. Anything left will be shared under PNDCLaw 111 as follows, Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%. If they cannot agree, then the court will share it for them.
Hi lexis,
I would like to say kudos to you out there for the great work you are doing… That notwithstanding I want to ask a question,please my late grandmother died some years back and she left a Will but it happens that my mum is the only surviving child,but ideally they should have been 3 children but two of her elder brothers passed on. The issue now is , the first brother died without a child but my mums second brother died leaving behind two children but unfortunately didn’t wed or marry the lady that gave him the kids … the Will was read and the house we live in actually is two apartment. So my question is, how is the distribution going to be done considering the fact that the woman wasn’t married but had two children and my mum also has 5 grown children ?
Where a beneficiary of a Will dies before the Testator, the property devised to that beneficiary falls into residue. It will be deemed to form part of the properties that are referenced in the residue clause or if there is no residue clause, then it will be deemed to be part of properties that were not mentioned in the Will.
What does it mean in Law when you say “jointly “ when two people were told to share a property “jointly “
Two people own share a property jointly when they own it together. This means the two people have ownership of the property at the same time. It may be a 50% – 50% ownership or 70% to 30% ownership or other divisions. In case of dispute, sometimes the property will be valued and one owner will pay the 50% to the other owner and buy them out. Sometimes, they can also sell the property and share the proceeds according to the shares of ownership. There are other legal concepts of joint ownership apart from these. I recommend that you engage a lawyer to help you interpret legal documents.
Hi
My grandmother and grandfather made a will to leave their property their 5 children and 2 grandchildren. My grand parents have both passed away. Some siblings have taken over and we are not seeing a share of the rent. If some of us want to sell,will the others be forced to sell or buy us out? And are the grandchildren mentioned in the will entitled to it as much as the children are?
Every beneficiary mentioned in a Will is entitled to recover whatever they have been given in the Will. If some of the beneficiaries are misappropriating the estate, the affected beneficiaries may go to court to seek remedy.
Usually, the majority owners of the property will determine what to do with it. If the minority owners refuse, then they can agree for one side to buy out the other side. If there is no agreement, then the court can decide.
Hello Sir/Madam, please my Dad died leaving 6 children’s from three different spouse and all of them has also passed on. With this please how do we go about it. Please can you help me out to deal with this. Thank you
If there is no Will, and the surviving spouse and all the surviving children are deceased, then the customary successor may apply for Letters of Administration to share the estate in accordance with PNDCLaw 111. In this case it will all go to the Customary Law/extended family.
I dont know my father’s lawyer neither my brothers or sisters. he passed on for the past 2 years now. Nothing from his close friends, family or spouse. He married 3 wives. Now, we the children are stranded. Should we proceed to court to find out if he has a WILL or we should remain calm. The families are saying we should touch anything till they are ready to share the things. what should we do as children ?
How do I know if my late father has a WILL or not
If he made a Will, there is somebody he trusted enough to tell and give a copy to, or tell the person where the copy is hidden. So you can start with his lawyer. If the lawyer has no will or no knowledge of same, then his spouse and close friends and close trusted family. If they also have no will or no knowledge of one, then a search may be conducted at the High Court Registry with the deceased’s name and Receipt number. If there is still no will then it may be unlikely that he made a Will.
Please if my father have a property does it belongs to me
No, it belongs to your father.
Please if my senior brother dead and leave his wife and child, mother, father and junior brothers. Haw will the property share
After obtaining L/A, the Administrator will be required to share the estate in accordance with PNDCLaw 111. The matrimonial house and all the household chattel belongs to the wife and children. Anything left will be shared under PNDCLaw 111 as follows, Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%.
Pls my father left us with six bedrooms houses and there is land in front of the house and i have built a single room on it with my own money. Pls when sharing do we have to add my own to my fathers own and share or my own is only mine.
The owner of the land is the owner of everything that is situated on that land. So if you build a house on family land, that house will belong to the family. If a son builds a house on the father’s land, the house belongs to the father. The owner of the land is the owner of everything that I situated on the land.
Hello,Sir. … Please, my question is for education purpose only since I’m a school teacher and would want to teach my learners rightly.
Please, according to the PNDC LAW 111, a living spouse and children shall be entitled to all estates valued less than fifty thousand cedis. Is this amount in old Ghana cedis which would be currently GHS 50.00 or new Ghana cedis as in GHS 50,000.00 ? I’m confused because the promulgation of the law was in 1985 as compared to this year ,2024. Thanks
If you are referring to section 12 of the PNDCLaw 111, then that section deals with Small Estates. It has been amended since 1985 and the new figure is now c10million (GHc1,000). Under section 4 of the PNDCLaw, where there is only one house in the estate, it goes to the spouse and children, anything left after that one house is called the “Residue”. The rest of the sections apply to the Residue. So, when you get to section 12, the law is saying that if the value of the Residue is less than c10million (GHc1000), then the entire Residue should go to the (a) spouse and children, or (b) the parent as the case may be. If the Residue is more than that then the standard sections will apply.
Hello,
How do I find out what properties and land my late parent owned in Ghana. We know of 3 but suspect there are many more. There is no will found at present
In the absence of a Will or specific information/knowledge, it will be very difficult to know what properties a person died possessed of. The people with specific knowledge like the surviving spouse or other close friends of the deceased may know of some properties. I recommend that you have a full legal consultation with a lawyer to assist you in all legal matters.
My father died in 1967 when I was one year old. I traveled with my mother outside Ghana, and until now we have not taken any action regarding the inheritance. Can I do anything from outside Ghana?
If there are properties that are still existing and bearing the title/ownership of the deceased, then it is necessary to obtain L/A or Probate in respect of them. If there are no such properties, then it is not necessary.
Good evening Lexis GH, I commend your good work. Just want to ask, what if a man who died intestate leaves behind 7 children with two spouses with no surviving parents. How will his property be distributed?? Also, the surviving spouses have their own houses built by the deceased and they both have a child thereby making it a direct inheritance for their kids. The rest of the children ( 5) also have single parents but not married to the deceased, will they court give some form of priority to the other five kids in the sharing of the property or they will still have to share it equally with the two whose parents already have a house built for them by the deceased??
The PNDCLaw 111 only deals with property that belongs to the deceased at the time of his death. Other property which do not belong to the deceased or which were gifted to others during the lifetime are not part of the distribution. So the matrimonial house will belong to all the spouses and all the children in equal shares, then after the matrimonial house is taken out, the rest of the properties will be shared as Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%.
Hi my dad has only his name on our first house without my mum’s. He has other kids outside the marriage. Please if he dies now how will the property be shared?
Where a person dies without making a Will, the property will be shared in accordance with PNDCLaw 111 as follows, The matrimonial house will go to the spouse and children and the rest of the property will be shared as Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%, all the wives will share 18.65% equally and all the children will share 56.25% equally
My auntie was legally married for 21 years without kids, however the man that’s her husband had two kids , properties on same block include three bedroom, two bedroom and hall n chamber self contain. Abusuapanyin refused to give her permanent property because she never had kids . I want to know if this is right
It is a criminal offence for anyone to keep the surviving spouse or children of a deceased intestate from the matrimonial home punishable by fine, imprisonment or both. under PNDCLaw 111, the surviving spouse and children are jointly and equally entitled to one house. After that one house, the rest of the properties will be shared as follows, Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%
please throw more light on the meaning of legally married wife. if you have four children with two women (two each) and you have not paid their bride price, how will your property be shared?
A person is legally married to another if they have gone through a valid legal marriage ceremony. There are three (3) types of legal marriage in Ghana. 1. Ordinance Marriage/White wedding 2. Customary/Traditional Marriage 3. Mohamedan/Islamic Marriage. If there is no valid legal marriage ceremony, then there is no legal marriage. There are some exceptions but this is generally the position fo the Ghana Law.
please throw more light on the meaning of legally married wife. if you have four children with two women (two each) and you have not paid their bride price, how will your property be shared?
A person is legally married to another if they have gone through a valid legal marriage ceremony. There are three (3) types of legal marriage in Ghana. 1. Ordinance Marriage/White wedding 2. Customary/Traditional Marriage 3. Mohamedan/Islamic Marriage. If there is no valid legal marriage ceremony, then there is no legal marriage. There are some exceptions but this is generally the position fo the Ghana Law.
please throw more light on the meaning of legally married wife. if you have four children with two women (two each) and you have not paid their bride price, how will your property be shared?
A person is legally married to another if they have gone through a valid legal marriage ceremony. There are three (3) types of legal marriage in Ghana. 1. Ordinance Marriage/White wedding 2. Customary/Traditional Marriage 3. Mohamedan/Islamic Marriage. If there is no valid legal marriage ceremony, then there is no legal marriage. There are some exceptions but this is generally the position fo the Ghana Law.
What happens when the executor named in a will dies before the will is excetued ? How do the named beneficiaries go about with the execution of the will??
Hello Peter, Thanks for reaching out to us. If there is no executor named in the Will, or if the executor dies before the unsealing/reading of the Will, then the beneficiaries will have to apply for Letters of Administration With Will Annexed. This means instead of Probate, the Court will grant L/A with Will Annexed to an Administrator, and the estate will be shared in accordance with the Will.
DOES NOT MENTION THE RIGHTS OF A HUSBAND WHEN THE
WIFE LEAVES ALL HER PROPERTY TO HIM
If the wife leaves all her property to the husband, then the husband will have the right to all the property that the wife has left for him.
What happens to property that has been willed to all my children and one child comes after the probate that that particular property was transferred to him with some suspicious deed?
Hello Abena, Thanks for reaching out to us. If there is a valid deed that pre-dates that Will, then the deed usually takes precedence over the Will. However, if there is sufficient grounds to challenge the validity of the deed then the Executors or any of the beneficiaries may do so if the Executors do not. I strongly recommend you engage the service of a lawyer for all legal services.
Hi,
This link is very informative – thank you very much.
My question is that if the deceased will everything to his wife but the wife passed before him what then happens?
Does the estate falls automatically to the children of the legally married wife for whom the estate was worked to or does unmarried concubines / side chicks and their children have right to the estate?
Thanks
Hello Origo Tetteh, Thanks for reaching out to us.If the wife who was named in the Will dies before the husband, then it means the properties were never transferred into her name, and they are still in the name of the husband. This means that PNDCLaw 111 will apply. children – 75% parent – 12.5% family – 12.5%
Hi, in a case where there are no spouses, children or parents, I understand that 100% will go to the family. How is this divided please? Does all 100% go to the siblings (for example), or is there further division between distant relatives? Thanks
Hello Jordan, THanks for reaching out to us. The portion that goes to the family, is required by law to be distributed in accordance with the Customary Law of inheritance of the deceased. SO it depends on the tribe that the deceased belongs to and the tradition and custom of that tribe. Usually, the family will meet and decide how to share it. Most often, it is distributed equitably among the siblings and grandchildren if any. I strongly recommend you engage a lawyer to assist you with all legal matters.
Hi I have a some questions I would love you to help me with.
My father has passed for almost two years now and he hasn’t been buried. He left behind 9 children 7 of them are for his wife he was married to and the the remaining that is my sis and my self are from different mothers but we are the eldest. He died without a will.
His wife has taken the death certificate and refused to release it to the family and the we the other children.
She has taken control of most my dads estate and given it to her friends to run. What is even disheartening is due to poor management skills and lack of education she has collapsed two of the businesses. The family too has taken control of two of the businesses of which is managed by my cousins.
Both parties do not render accounts to anyone neither do we know the progress of the company. The lady has sued my cousins for intermeddling claiming she is the director of the company and wants all for her self. My sis and I are wants to even work at the place the family has taken control and it seem they are not willing to allow us. Meanwhile the family’s lawyer has not taken any action on our behalf and refused to even see us even though they told us we should come to their side and fight the wife for her bad deeds. Please I want to ask if
1. Is lawful what both the wife and the family are doing .
2. Is there a way letters of administration can be applied even before they bury him cause it doesn’t seem the family wants to bury him anytime soon
3. Can my sis and I apply for letters of administration without the death certificate and a burial permit since we don’t have access to any.
3. Can all his estates be synchronized into one the court determines a running board and the beneficiaries even before they bury him.
Hello Adepa, Thanks for reaching out to us. We have responded to you by the e-mail you provided.
Hi I have a few questions I would love some clarify on
My father has passed away in Kumasi and distributed his properties in a will.
Now majority of the properties he distributed to his Wife and us the children.
My questions are
1. My father owned a business which he built upon a land he had put in his wives name. Can he distribute this property elsewhere ?
2. Since his wife’s is the owner of the land and property does this property have to go through the court to be reshared to the wife as he has mentioned it in his will ?
3. He has stated in his will he gives away one of his properties to a concubine we do not know off. Can she claim legal right to the property even though the land was in my fathers name but my mother was a Co builder/ Financier and also on various tenancy agreements a landlord of the property even till date ?
4. Even though my father built some of his properties he had put some in the name of his children & wife (as land owners & owners of the various properties before he passed away) Can he distribute these in his will even though legally on documents he is not the rightful owner?
Hello Dee Nkru, Thanks for reaching out to us. we have responded through the e-mail you provided.
Hello, thank you for educating us. I have few questions pls. My dad just died and without a will. I and my little sister are my dad’s biological children in the marriage with our mum. Our mum who is also deceased came into the marriage with my dad with 2 kids ( older step children ). The sad thing is that these 2 children abandoned my dad and didn’t even check on him after our mum died. Now my dad is dead and these step children have joined forces with my father’s brothers to take charge of his properties. My questions are;
1) what powers does the brothers and step children have over my dad’s properties since the step children claim they have full rights to their mum’s (our mum’s) portion of the property .
2) can I and my little sister (the 2 biological children of my dad) apply for an LA without our step siblings ?
We have sent you an email. Please note that we cannot give you legal advice on this platform, we can only help you to understand what the law says about a given subject.
Hello, thank you for educating us. I have few questions pls. My dad just died and without a will. I and my little sister are my dad’s biological children in the marriage with our mum. Our mum who is also deceased came into the marriage with my dad with 2 kids ( older step children ). The sad thing is that these 2 children abandoned my dad and didn’t even check on him after our mum died. Now my dad is dead and these step children have joined forces with my father’s brothers to take charge of his properties. Mind you, I completed my dad’s house and furnished it without any of them contributing even a dime and now they want to claim it.
My questions are;
1) what powers does the brothers and step children have over my dad’s properties since the step children claim they have full rights to their mum’s (our mum’s) portion of the property.
2) will my contributions and efforts to the completion of my dad’s house be considered when distributing the property?
3) can I and my little sister (the 2 biological children of my dad) apply for an LA without our step siblings ?
We have sent you an email. Please note that we cannot give you legal advice on this platform, we can only help you to understand what the law says about a given subject.
How can we share a three bedroom apartment and a rubber plantation our father left without a will with our stepmother?
Hello Selasie, Thanks for reaching out to us. Where there is no Will, then PNDCLaw 111 will apply.
Spouse – 18.75%, children – 56.25%, parent – 12.5%, family – 12.5%. I recommend you engage a lawyer to assist you. You can reach out to our lawyers via our whatsapp.
Hello, Does the inheritance of Property follows the Inheritance of financial fund? Thank you.
Hello Erna Subaldo, I do not understand your question, please elaborate further. THanks
Please I want to ask if my father dies without a will but has given birth to 6 children with different woman without marring any of them, but when he died the first woman called few family members and a marriage rite was perform, so now in sharing the property eg the house the first wife says the house belong to her and her two kids and leaving the other children out in sharing the house.
Hello Ben Tawia, Thanks for reaching out to us. A marriage with a dead person cannot be valid. Even if the marriage is valid, the only house of the deceased will go to his wife and all his six (6) children. In this instance, because the marriage is not valid, the house ought to go to all the six (6) children.
My dad and stepmom are legally married but my both died does my stepmom family as a share over my dad property
Hello Daniel, Thanks for reaching out to us. Since there is no surviving spouse, under PNDCLaw 111, the children – 75%, the parents – 12.5% and the family 12.5%.
I have a copy of the LA with my name and my mom on it. Over 12 years and she doesn’t want to share the properties. What do I do?
Hello Sylvanus, Thanks for reaching out to us. Where one administrator is refusing to perform their duty, the other administrator or any of the beneficiaries of the estate may apply to the Court to have the offending Administrator removed or replaced. The Court will give the opportunity for all the affected persons to be heard before making the necessary orders.
A well documented drawing of our grandfather’s compound shows a portion of land demarcated in our mother’s name. Our grandfather, wives and all children are no more except one who is a half sibling ( to our mother) who is occupying the property. Can we claim our mother’s portion of land on the vast compound.
Hello David, Thanks for reaching out to us.You would have to trace the link of ownership from your grandfather to your deceased mother. A drawing may or may not be enough. You may require some kind of Transfer Document to prove that the property was indeed transferred. In the absence of such a clear and direct trace of ownership. It may not be possible to make a successful claim to the land.
Greetings! I’m thrilled to have stumbled upon your website and discovered your blogs. Your content about inheritance property is incredibly helpful, and I’m eager to explore more. Keep up the great work, and may you continue to inspire others!
Hello Cathy, Thanks so much. This is much appreciated.
Its been 10 years my father died ‘ but my step mother and two step sibligns are’nt saying anything about sharring of the inheritance. So what should I do.
And also wanna know how long will it take me to get my own share of my late father’s inheritance
Hello Micheal Grant, Thanks for reaching out to us. If there is a Will, then the properties of your late father will have to be shared in accordance with the Will. If there is no Will then they will have to be shared under PNDCLaw 111. It is a criminal offence to handle the properties of a deceased person without first obtaining Letters of Administration or Probate. It is punishable by fine imprisonment or both. Only the Court Appointed Administrator has the Right to distribute the estate of a deceased person. under PNDCLaw 111 – spouse – 18.75%, children – 55.25%, parent – 12.5% and extended family – 12.5%
Hello, I’m Emmanuel, from Kumasi. Please I have a problem. My father is late but he made know that he added my name to the house property and any documents about the house has together his name and I as well. Now he’s no more but he also had 4 children elsewhere. I am his only son with the side of my mom. My question is, do I have power over the house? My stepbrothers and a stepsister are also claiming their rights over the property. Now I want to sell the house. In percentage wise, how is it going to be shared. Thank you
Hello Emmanuel, Thanks for reaching out to us. Where a property is jointly owned, if one of the owners die, only the portion that was owned by the deceased will go into inheritance. The 2nd owner will still maintain ownership of their portion. If the 2nd owner is a spouse, child or a beneficiary under inheritance, they will their own portion out of the estate before sharing the deceased’s portion with the other beneficiaries.
My Uncle who was a Chief died intestate. Now even before the properties are distributed, one of his Sons is claiming that the Father gifted to seven plots of land, a vehicle registered in his name and is still claiming portion of what is left to be distributed among the remaining five. How do we determine the authenticity of the documents covering the gifted properties. Is he still qualified to benefit from the remaining properties?
Hi,
my parents were married for over 30 years. My dad evicted my mum from the house they’ve built, leaving my mum no choice than to rent a house. My dad remarried but couldn’t live in the house with his new wife and was renting. He ended up renting out the house to people. My dad has passed away and I would like to know if my mum is still entitled to her fair share of the house, since they built it together and lived in it over 10 years before my dad evicted her?
Hello Yvonne, Thanks for reaching out to us. The law states that property acquired during marriage is marital property. Each spouse is entitled to a share of marital property in accordance with the proportion of their contribution towards acquiring that property. So upon a death intestate, the spouse may be entitled to take out their share of the marital property before the rest will be shared under Inheritance Law. I strongly recommend you engage a lawyer for all legal actions.
Please, in a case where the father has a first child with a different woman and have 3 with a different woman who is not a legal wife and he dies, how is the properties shared. Thank you
Hello Gifty,
The surviving children are the biological or legally adopted children of the deceased.
Only the legally married wife or husband of the deceased will be recognized under PNDCL 111 as a Surviving Spouse.
The Surviving Spouse and Children of the deceased are jointly entitled to 75% of the properties (18.75% and 56.25% respectively). The remaining 25% goes to the Surviving Parents and Extended Family (12.5% and 12.5%).
All the biological or adopted children will equally share the 56.25% and the legal spouse or spouses will equally share the 18.75%. If the person was not legally married, then they are not a spouse
My dad is 80years and remarrying. Can his wife be awarded anything in his death if he has willed all his property already to his children?
Hello Nana Kwaku,
If there is a valid Will, then the Executors are required to share the property in accordance with the Will. This means that those mentioned in the Will are going to get what they have been given in the WIll. An underage school going child of the Testator, or a disabled dependent of the Testator may apply to the COurt for special provision under the WIll and may or may not be granted. However, if there is no Will, then the PNDCLaw 111 will be applied, in that situation, the spouse, children, parent and family will get their shares.
If the intestate left two houses and four cars and left behind six children with a spouse, how will the properties be shared
Hello Emmanuel,
Under PNDCLaw 111, the matrimonial home goes to the spouse and children, the rest of the estate is as follows, spouse-20%, children – 75%, Customary Law – 25%. You can read our article on the subject or watch our youtube video for more details.
Hello if a deceased left one house and a plot of land in ghana and has another house in abroad but died without a will and has three children and spouse and also surviving parent, how is his property going to be distributed?
Hello Ameyaw, Thanks for reaching out to us. For the purposes of inheritance, Property in Ghana is dealt with under the laws of Ghana and property abroad is dealt with in accordance with the law of the place where the property is located. After Letters of Administration has been granted, the Administrator will be required to distribute the estate in accordance with PNDCLaw 111.
What happened a the house when a spouse die in Ghana intestates . Where there’s no child involved
Hello Jonny,
Thanks for reaching out to us. Where there is no surviving child, the surviving spouse will get the matrimonial house and 50% of the estate and the surviving parents and family will share the remaining 50%.
Hello Shanyl,
Thanks for reaching out to us. We have responded to your query privately to the email you provided.
The Ghana Law will recognize an adoption order/judgment/ruling from a foreign country if it is legal and valid in accordance with the law of the foreign country. The person relying on the foreign adoption order/judgment/ruling will have to prove that it is legal and valid before it will be resealed by a Ghanaian Judge.
Hello , how is a company or business started by deceased without a WILL distributed? Thank you
Hello Bennet,
It depends on how the company is structured. If it is a company limited by shares then the beneficiaries will only be entitled to inherit the shareholding of the deceased. The operations and finances of the company will still be in control of the Board of Directors, CEO, Managers etc. If it is a sole proprietorship, then it is not a company in the legal sense but a business and will be dealt with as a personal commercial property of the deceased.
What if there are children and only family. No spouse and Parents. How is the distribution done in terms of percentage?
Thanks
under PNDCLaw 111, the children will get 75% and the family will get 25%
Hi. Please what if the deceased(intestate) has 7 children of which 2 are underage. He falls under cap 30, with no nominated beneficiaries. Is the 75% going to be shared equally among the children or the underage ones are going to get larger shares? Thanks.
Hello Twum,
Under PNDCLaw 111, the portion that goes to the children is to be shared equally amongst all the children.
Will stated that the surviving spouse was to gain a portion of property on the land and be granted caretaker title while surviving child gained another portion of property on the same land without the title. What powers does the spouse have over the child and do they have legal say over access to and potential renting of the property?
Hello Joanna,
in the scenario you are drawing, it liekly means that the child will have a lifetime interest in the portion inherited and upon death the title holder takes the entire property. I do not think the title holder will have any powers over the child. I recommend you engage a lawyer to assist you understand the implications of the divises in the Will.
What happens when the law is not observed and the child is given 15% of the estate instead of 56% ? Is there any legal action that could be taken ?
The child would have to go to court and claim the outstanding balance. I recommend they engage a lawyer to assist with the process.
My big sister has used
Me and my other sister name for her ssnit beneficiary living her child but has used her child name for her insurance beneficiary can the child seek a redress at the court. What did the law of Ghana say about that
Hello Andy,
Thanks for reaching out to us. An underage child may apply to the court for a reasonable provision to be made out of the deceased parent’s estate for education, food, clothing, shelter and other basic expenses. Where there is no will, the estate of the deceased will be shared in accordance with PNDCLaw 111.
please thus among the children
Just want to know if benefits are shared equally,if not then who gets the larger portion and who gets the smaller benefit please
Hello Elorm,
Thanks for reaching out to us.
The 55% portion which goes to the Surviving Children is shared equally amongst the children.
The same goes for the 25% portion for the surviving spouses and the remaining portions for the parents and extended families. The members of each surviving category will share their inheritance in equal portions.
Can I inherit the woman who who maintain me since my infacy. when she died intestate?
Yes an adopted child may inherit an adoptive parent who dies intestate.
If there is no formal adoption, then the adopted child would have to prove that the deceased related with or intended the child to be an adopted child and treated them no different than they would have treated their own biological child.
If these conditions are met, then the Ghana law will see the person as a fully adopted child even where there has been no formal adoption process. So the adopted child will be permited to inherit the adoptive parent.