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 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.