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
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%.