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.
Who Can Inherit?
Surviving Spouse
The legally married wife or husband of the deceased.
Surviving Child
The biological and adopted children of the deceased.
Surviving Parent
The biological or adoptive parents of the deceased.
Customary Law
The extended family of the deceased.
Who Gets the House and the Personal Belongings?
Personal belongings – (Household chattel) These belong to the surviving spouse and the children. These are essentially anything in the home belonging to the deceased that is movable and not fixed to the property. This includes items like furniture, appliances, electronics, clothing, jewellery, and any other personal belongings.
A Single House – Where the deceased left only one house, then it belongs to the surviving spouse or child or both of them. This means where there is only one house left by the deceased, if there is a spouse and no child, then it belongs to the spouse. If there is a child and no spouse, then it is for the child and where there is both spouse and child, then it is for both of them.
Multiple Houses – Where the deceased left more than one house, then the spouse or child or both of them may choose one of the houses for themselves before the rest will be shared. If they cannot agree on which one of the houses to choose, then the Administrator can bring the dispute to the Court and the Court will make that choice for them. After the single house has been given to or selected by the spouse and child, the remainder of the estate is described as the “Residue”.
Where Spouse and Children Survive
In addition to the one (1) house and personal belongings, the surviving spouse and children receive the largest share of the estate.
Spouse
Jointly entitled with children
Children
Jointly entitled with spouse
Parents
Out of the residue estate
Customary Family
Distributed by tradition
Where Only Spouse Survives
Spouse
Receives the largest share
Parents
Of the residue estate
Customary Family
Distributed by tradition
Where Only the Children Survive
Children
Jointly entitled with spouse
Parents
Of the residue estate
Customary Family
Distributed by tradition
Where Only the Parents Survive
Parents
Of the residue estate
Customary Family
Distributed by tradition
Can Grandchildren Inherit Under PNDCLaw 111?
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).
How Can Grandchildren Inherit Under PNDCLaw 111?
Grandchildren do not automatically inherit. They only step into the shoes of their parent if specific timeline and dependency conditions are met.
A: Parent dies first
Parent (Abena)
Died 2005
Grandparent (Kofi)
Died 2007
Grandchild (Kwame)
Alive
B: Grandparent dies first
Grandparent (Kofi)
Died 2005
Parent (Abena)
Died 2007 or Alive
Grandchild (Kwame)
Alive
Additional Condition: Dependency
Dependency Link
Was the Grandchild dependent on the grandparent? Did the grandparent maintain and take care of the grandchild during their lifetime?
✓ IF YES = Qualifies
The grandchild steps into their deceased parent’s shoes and inherits their portion.
✕ IF NO = Disqualified
If there was no dependency or maintenance provided, the grandchild cannot inherit.
Legal Warning
Criminal Offences Under PNDCLaw 111
Violating the provisions of PNDCLaw 111 is a serious matter. The following acts are strict criminal offences punishable by a fine, imprisonment, or both.
1. Intermeddling
Handling property without Court Authority: It is a crime to handle, deal with, or distribute the property of a deceased person without first obtaining Letters of Administration or Probate.
Interfering with Beneficiaries: It is also a criminal offence to interfere with the right of the spouse, children, or any lawful beneficiary from enjoying the benefits of the property granted to them by law.
2. Unlawful Ejection
It is a criminal offence to eject a surviving spouse and/or child from their matrimonial home (the house they lived in with the deceased during their lifetime) before the estate is legally distributed. No one has the right to eject a spouse and/or child from the matrimonial home before the distribution of the estate
Lawful Ejection Process
- Rented Home: The Landlord may only eject them by obtaining a valid Court Order.
- Family Property: The extended family may only eject them after six (6) months from the date of death.
- Public/Government Housing: They may only be ejected after three (3) months from the date of death.
Next Steps: Secure Your Inheritance Rights
Now that you understand the PNDCLaw 111, next step is to learn how to obtain Letters of Administration in Ghana.
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.
You may:
152 responses
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.
Please I want to ask a question. My day gave birth to six children in which 3 are from the same mother and the other 3 are from different mothers. My dad lived with my mother(mother of three) throughout until he met his untimely death. Along the line he left a five bedroom house and a storey building which the top contains 3 chamber and hall self contain and the down made as stores. Furthermore, one of my brother who’s the elderly one has taken us to legal aid commission and his reason is, my dad hasn’t gotten one year and my mom has given out the storey building to tenants and taken money meanwhile she hasn’t. She gave it out because it was uncompleted building and because there’s no money he intended to give it to anyone who can finish it so that as time goes on we deduct it from their rent. My elder brother said my mom and us have sold our daddy’s property and given out the rooms for rent. So please I want to know if my mom has right to decide or because my dad is dead my elder brother is the one who has the right to decide? Thank you.
We have replied to you via the email you provided.