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
What happens when the executor named in a will dies before the will is excetued ? How do the named beneficiaries go about with the execution of the will??
Hello Peter, Thanks for reaching out to us. If there is no executor named in the Will, or if the executor dies before the unsealing/reading of the Will, then the beneficiaries will have to apply for Letters of Administration With Will Annexed. This means instead of Probate, the Court will grant L/A with Will Annexed to an Administrator, and the estate will be shared in accordance with the Will.
DOES NOT MENTION THE RIGHTS OF A HUSBAND WHEN THE
WIFE LEAVES ALL HER PROPERTY TO HIM
If the wife leaves all her property to the husband, then the husband will have the right to all the property that the wife has left for him.
What happens to property that has been willed to all my children and one child comes after the probate that that particular property was transferred to him with some suspicious deed?
Hello Abena, Thanks for reaching out to us. If there is a valid deed that pre-dates that Will, then the deed usually takes precedence over the Will. However, if there is sufficient grounds to challenge the validity of the deed then the Executors or any of the beneficiaries may do so if the Executors do not. I strongly recommend you engage the service of a lawyer for all legal services.
Hi,
This link is very informative – thank you very much.
My question is that if the deceased will everything to his wife but the wife passed before him what then happens?
Does the estate falls automatically to the children of the legally married wife for whom the estate was worked to or does unmarried concubines / side chicks and their children have right to the estate?
Thanks
Hello Origo Tetteh, Thanks for reaching out to us.If the wife who was named in the Will dies before the husband, then it means the properties were never transferred into her name, and they are still in the name of the husband. This means that PNDCLAw 111 will apply. children – 75% parent – 12.5% family – 12.5%
Hi, in a case where there are no spouses, children or parents, I understand that 100% will go to the family. How is this divided please? Does all 100% go to the siblings (for example), or is there further division between distant relatives? Thanks
Hello Jordan, THanks for reaching out to us. The portion that goes to the family, is required by law to be distributed in accordance with the customary law of inheritance of the deceased. SO it depends on the tribe that the deceased belongs to and the tradition and custom of that tribe. Usually, the family will meet and decide how to share it. Most often, it is distributed equitably among the siblings and grandchildren if any. I strongly recommend you engage a lawyer to assist you with all legal matters.
Hi I have a some questions I would love you to help me with.
My father has passed for almost two years now and he hasn’t been buried. He left behind 9 children 7 of them are for his wife he was married to and the the remaining that is my sis and my self are from different mothers but we are the eldest. He died without a will.
His wife has taken the death certificate and refused to release it to the family and the we the other children.
She has taken control of most my dads estate and given it to her friends to run. What is even disheartening is due to poor management skills and lack of education she has collapsed two of the businesses. The family too has taken control of two of the businesses of which is managed by my cousins.
Both parties do not render accounts to anyone neither do we know the progress of the company. The lady has sued my cousins for intermeddling claiming she is the director of the company and wants all for her self. My sis and I are wants to even work at the place the family has taken control and it seem they are not willing to allow us. Meanwhile the family’s lawyer has not taken any action on our behalf and refused to even see us even though they told us we should come to their side and fight the wife for her bad deeds. Please I want to ask if
1. Is lawful what both the wife and the family are doing .
2. Is there a way letters of administration can be applied even before they bury him cause it doesn’t seem the family wants to bury him anytime soon
3. Can my sis and I apply for letters of administration without the death certificate and a burial permit since we don’t have access to any.
3. Can all his estates be synchronized into one the court determines a running board and the beneficiaries even before they bury him.
Hello Adepa, Thanks for reaching out to us. We have responded to you by the e-mail you provided.