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
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.