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
Please if my father have a property does it belongs to me
No, it belongs to your father.
Please if my senior brother dead and leave his wife and child, mother, father and junior brothers. Haw will the property share
After obtaining L/A, the Administrator will be required to share the estate in accordance with PNDCLaw 111. The matrimonial house and all the household chattel belongs to the wife and children. Anything left will be shared under PNDCLaw 111 as follows, Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%.
Pls my father left us with six bedrooms houses and there is land in front of the house and i have built a single room on it with my own money. Pls when sharing do we have to add my own to my fathers own and share or my own is only mine.
The owner of the land is the owner of everything that is situated on that land. So if you build a house on family land, that house will belong to the family. If a son builds a house on the father’s land, the house belongs to the father. The owner of the land is the owner of everything that I situated on the land.
Hello,Sir. … Please, my question is for education purpose only since I’m a school teacher and would want to teach my learners rightly.
Please, according to the PNDC LAW 111, a living spouse and children shall be entitled to all estates valued less than fifty thousand cedis. Is this amount in old Ghana cedis which would be currently GHS 50.00 or new Ghana cedis as in GHS 50,000.00 ? I’m confused because the promulgation of the law was in 1985 as compared to this year ,2024. Thanks
If you are referring to section 12 of the PNDCLaw 111, then that section deals with Small Estates. It has been amended since 1985 and the new figure is now c10million (GHc1,000). Under section 4 of the PNDCLaw, where there is only one house in the estate, it goes to the spouse and children, anything left after that one house is called the “Residue”. The rest of the sections apply to the Residue. So, when you get to section 12, the law is saying that if the value of the Residue is less than c10million (GHc1000), then the entire Residue should go to the (a) spouse and children, or (b) the parent as the case may be. If the Residue is more than that then the standard sections will apply.
Hello,
How do I find out what properties and land my late parent owned in Ghana. We know of 3 but suspect there are many more. There is no will found at present
In the absence of a Will or specific information/knowledge, it will be very difficult to know what properties a person died possessed of. The people with specific knowledge like the surviving spouse or other close friends of the deceased may know of some properties. I recommend that you have a full legal consultation with a lawyer to assist you in all legal matters.
My father died in 1967 when I was one year old. I traveled with my mother outside Ghana, and until now we have not taken any action regarding the inheritance. Can I do anything from outside Ghana?
If there are properties that are still existing and bearing the title/ownership of the deceased, then it is necessary to obtain L/A or Probate in respect of them. If there are no such properties, then it is not necessary.
Good evening Lexis GH, I commend your good work. Just want to ask, what if a man who died intestate leaves behind 7 children with two spouses with no surviving parents. How will his property be distributed?? Also, the surviving spouses have their own houses built by the deceased and they both have a child thereby making it a direct inheritance for their kids. The rest of the children ( 5) also have single parents but not married to the deceased, will they court give some form of priority to the other five kids in the sharing of the property or they will still have to share it equally with the two whose parents already have a house built for them by the deceased??
The PNDCLaw 111 only deals with property that belongs to the deceased at the time of his death. Other property which do not belong to the deceased or which were gifted to others during the lifetime are not part of the distribution. So the matrimonial house will belong to all the spouses and all the children in equal shares, then after the matrimonial house is taken out, the rest of the properties will be shared as Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%.