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 my dad has only his name on our first house without my mum’s. He has other kids outside the marriage. Please if he dies now how will the property be shared?
Where a person dies without making a Will, the property will be shared in accordance with PNDCLaw 111 as follows, The matrimonial house will go to the spouse and children and the rest of the property will be shared as Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%, all the wives will share 18.65% equally and all the children will share 56.25% equally
My auntie was legally married for 21 years without kids, however the man that’s her husband had two kids , properties on same block include three bedroom, two bedroom and hall n chamber self contain. Abusuapanyin refused to give her permanent property because she never had kids . I want to know if this is right
It is a criminal offence for anyone to keep the surviving spouse or children of a deceased intestate from the matrimonial home punishable by fine, imprisonment or both. under PNDCLaw 111, the surviving spouse and children are jointly and equally entitled to one house. After that one house, the rest of the properties will be shared as follows, Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%
please throw more light on the meaning of legally married wife. if you have four children with two women (two each) and you have not paid their bride price, how will your property be shared?
A person is legally married to another if they have gone through a valid legal marriage ceremony. There are three (3) types of legal marriage in Ghana. 1. Ordinance Marriage/White wedding 2. Customary/Traditional Marriage 3. Mohamedan/Islamic Marriage. If there is no valid legal marriage ceremony, then there is no legal marriage. There are some exceptions but this is generally the position fo the Ghana Law.
please throw more light on the meaning of legally married wife. if you have four children with two women (two each) and you have not paid their bride price, how will your property be shared?
A person is legally married to another if they have gone through a valid legal marriage ceremony. There are three (3) types of legal marriage in Ghana. 1. Ordinance Marriage/White wedding 2. Customary/Traditional Marriage 3. Mohamedan/Islamic Marriage. If there is no valid legal marriage ceremony, then there is no legal marriage. There are some exceptions but this is generally the position fo the Ghana Law.
please throw more light on the meaning of legally married wife. if you have four children with two women (two each) and you have not paid their bride price, how will your property be shared?
A person is legally married to another if they have gone through a valid legal marriage ceremony. There are three (3) types of legal marriage in Ghana. 1. Ordinance Marriage/White wedding 2. Customary/Traditional Marriage 3. Mohamedan/Islamic Marriage. If there is no valid legal marriage ceremony, then there is no legal marriage. There are some exceptions but this is generally the position fo the Ghana Law.