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
Hi I have a few questions I would love some clarify on
My father has passed away in Kumasi and distributed his properties in a will.
Now majority of the properties he distributed to his Wife and us the children.
My questions are
1. My father owned a business which he built upon a land he had put in his wives name. Can he distribute this property elsewhere ?
2. Since his wife’s is the owner of the land and property does this property have to go through the court to be reshared to the wife as he has mentioned it in his will ?
3. He has stated in his will he gives away one of his properties to a concubine we do not know off. Can she claim legal right to the property even though the land was in my fathers name but my mother was a Co builder/ Financier and also on various tenancy agreements a landlord of the property even till date ?
4. Even though my father built some of his properties he had put some in the name of his children & wife (as land owners & owners of the various properties before he passed away) Can he distribute these in his will even though legally on documents he is not the rightful owner?
Hello Dee Nkru, Thanks for reaching out to us. we have responded through the e-mail you provided.
Hello, thank you for educating us. I have few questions pls. My dad just died and without a will. I and my little sister are my dad’s biological children in the marriage with our mum. Our mum who is also deceased came into the marriage with my dad with 2 kids ( older step children ). The sad thing is that these 2 children abandoned my dad and didn’t even check on him after our mum died. Now my dad is dead and these step children have joined forces with my father’s brothers to take charge of his properties. My questions are;
1) what powers does the brothers and step children have over my dad’s properties since the step children claim they have full rights to their mum’s (our mum’s) portion of the property .
2) can I and my little sister (the 2 biological children of my dad) apply for an LA without our step siblings ?
We have sent you an email. Please note that we cannot give you legal advice on this platform, we can only help you to understand what the law says about a given subject.
Hello, thank you for educating us. I have few questions pls. My dad just died and without a will. I and my little sister are my dad’s biological children in the marriage with our mum. Our mum who is also deceased came into the marriage with my dad with 2 kids ( older step children ). The sad thing is that these 2 children abandoned my dad and didn’t even check on him after our mum died. Now my dad is dead and these step children have joined forces with my father’s brothers to take charge of his properties. Mind you, I completed my dad’s house and furnished it without any of them contributing even a dime and now they want to claim it.
My questions are;
1) what powers does the brothers and step children have over my dad’s properties since the step children claim they have full rights to their mum’s (our mum’s) portion of the property.
2) will my contributions and efforts to the completion of my dad’s house be considered when distributing the property?
3) can I and my little sister (the 2 biological children of my dad) apply for an LA without our step siblings ?
We have sent you an email. Please note that we cannot give you legal advice on this platform, we can only help you to understand what the law says about a given subject.
How can we share a three bedroom apartment and a rubber plantation our father left without a will with our stepmother?
Hello Selasie, Thanks for reaching out to us. Where there is no Will, then PNDCLAw 111 will apply.
Spouse – 18.75%, children – 56.25%, parent – 12.5%, family – 12.5%. I recommend you engage a lawyer to assist you. You can reach out to our lawyers via our whatsapp.
Hello, Does the inheritance of Property follows the Inheritance of financial fund? Thank you.
Hello Erna Subaldo, I do not understand your question, please elaborate further. THanks
Please I want to ask if my father dies without a will but has given birth to 6 children with different woman without marring any of them, but when he died the first woman called few family members and a marriage rite was perform, so now in sharing the property eg the house the first wife says the house belong to her and her two kids and leaving the other children out in sharing the house.
Hello Ben Tawia, Thanks for reaching out to us. A marriage with a dead person cannot be valid. Even if the marriage is valid, the only house of the deceased will go to his wife and all his six (6) children. In this instance, because the marriage is not valid, the house ought to go to all the six (6) children.
My dad and stepmom are legally married but my both died does my stepmom family as a share over my dad property
Hello Daniel, Thanks for reaching out to us. Since there is no surviving spouse, under PNDCLaw 111, the children – 75%, the parents – 12.5% and the family 12.5%.