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.
Household Chattels
Household chattel refers to personal property within a house that is movable and not fixed to the property. This can include items like furniture, appliances, electronics, clothing, jewellery, and other personal belongings. Essentially, it’s the stuff you can take with you when you move houses, as opposed to fixtures like sinks or built-in cabinets that stay with the property.
The PNDCLaw provides that all the household chattel of the intestate automatically belong to the surviving spouse(s) and child(ren) absolutely.
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.
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 selected by the spouse and/or child, the rest of the estate is described as the “Residue”.
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.
Small Estates
PNDCLaw considers any estate where the total value of the residue is less than ₵10million (GHc1000). Small estates are given to the surviving spouse or child or both of them.
Criminal Offences Under PNDCLaw 111
The following criminal offences are punishable by fine, imprisonment or both.
Intermeddling
It is a criminal offence to handle or deal with the property of a deceased person without first obtaining Letters of Administration (where there is no Will) or Probate (where there is a Will).
It is also a criminal offence to interfere with the right of the spouse and/or children or any beneficiary to enjoy the benefits of the property that has been lawfully vested in them or granted to them by law.
Ejecting Spouse/Child From Matrimonial Home
It is a criminal offence to eject a surviving spouse and/or child from their matrimonial home in which they lived with the deceased during their lifetime. A few reasonable exceptions are allowed.
- If the home is rented then the Landlord may only eject them by obtaining a Court Order
- If the home is a family property then the family may only eject them after six months from the date of death of the deceased
- If the home is public housing/property then they may only be ejected after three months from the date of death of the deceased
Apart from these exceptions, no one has the right to eject a spouse and/or child from the matrimonial home before the distribution of the estate.
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.