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.
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152 responses
My stepdad, a Ghanaian died in Nigeria without making a will. His family refused to go and bury him so my mother and one of their children went and did the burial. After they came we have been after his family to perform his funeral which they again refused and we performed it. The incident happened three years ago and today his brother from his mother together with a self-acclaimed family head from his mother’s claiming the property he made with my mother for over twenty years. In this who are entitled to the one house he built with my mother. Thanks.
we cannot give lgal advice, you need to engage a lawyer
Hi,
My dad passed on interstate leaving behind two buildings, one for my mum and us (6 children) and the other for my stepmom (without a child) and my two other step siblings. Now my stepmom is late (still without a child) and her extended family is claiming her part of the building. Do they have a legitimate right on our dad’s property now that my stepmum is late without any surviving child than we the children? My stepmom also died interstate and there’s no document showing that the building belonged to her.
We have replied to your email.
Hi please I met a lady who I had a customary engagement with (knocking)…she was adopted at the age of 5 stayed with her adopted fathers home until tertiary wen she her adopted father rented for her..all her legal documents bears the surname of the adopted father…her adopted father unfortunately died along the line with no will,the father had 3kids with another woman..after the funeral the families agreed and shared the man’s property amongst his children which my wife was given a house as her share….we have a son together that’s where we all stayed for 7 years untill my wife also passed on last two years…now the family insist we should pack and leave the house because my wife has died…and they claim my son and I can’t occupy the property because she was only adopted…..they have gone ahead to process it at the circuit court which I hv duely been served
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. We have responded by the email you provided.
Please what if the partner died with no properties but debt. How is that shared too? Thank you.
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. debts are personal and cannot be inherited. Only assets and/or credit can be inherited. If a person dies and his personal properties cannot satisfy his indebtedness, then there’s nothing that can be done. It becomes a bad debt.
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
Can one claim a deceased s person property after 40 years of his death or there is a time limit to claim it?
I am not aware of any limitation specifically placed on letters of administration or probate applications, however, the limitations placed on land, debt recovery or other areas may affect the ability to recover inheritance which is affected by those limitations. eg. The law places a six (6) year limitation on debt recovery, if this applies, then it might prevent a beneficiary from recovering a debt from the deceased’s debtor.