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
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%.