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 lexis,
I would like to say kudos to you out there for the great work you are doing… That notwithstanding I want to ask a question,please my late grandmother died some years back and she left a Will but it happens that my mum is the only surviving child,but ideally they should have been 3 children but two of her elder brothers passed on. The issue now is , the first brother died without a child but my mums second brother died leaving behind two children but unfortunately didn’t wed or marry the lady that gave him the kids … the Will was read and the house we live in actually is two apartment. So my question is, how is the distribution going to be done considering the fact that the woman wasn’t married but had two children and my mum also has 5 grown children ?
Where a beneficiary of a Will dies before the testator, the property devised to that beneficiary falls into residue. It will be deemed to form part of the properties that are referenced in the residue clause or if there is no residue clause, then it will be deemed to be part of properties that were not mentioned in the Will.
What does it mean in Law when you say “jointly “ when two people were told to share a property “jointly “
Two people own share a property jointly when they own it together. This means the two people have ownership of the property at the same time. It may be a 50% – 50% ownership or 70% to 30% ownership or other divisions. In case of dispute, sometimes the property will be valued and one owner will pay the 50% to the other owner and buy them out. Sometimes, they can also sell the property and share the proceeds according to the shares of ownership. There are other legal concepts of joint ownership apart from these. I recommend that you engage a lawyer to help you interpret legal documents.
Hi alexis,
Our late mother pass on without leaving a will. There was a need for us to operate her account to access some money for her funeral. My younger sister went to the bank for the money but she was told she cannot access the account because she not the next of kin by the decease. She was told to contact her brother who was rather the next of kin .
My younger sister told me She could get a letter of Administration from the court but she will require my ID, and passports picture and some money to get it done so we could clear our mother’s money.
Alexis, I sent all information require and she got it done . Fast forward the letter of Administration came and it was issued in her name insteas of me the senior brother. Bank requested that I give them a letter of consent and my sister will also give a letter of transfer of benefits into her personal accounts.
The money was finally transfered into her accouts.
First question
Does that mean now she is legally the owner of our mother’s property.
Second , what can I do to correct this mistake
Please note that we cannot give you legal advice on this platform. We can only educate and help you to understand what the law says about a given subject. The administrator must share the estate in accordance with PNDCLaw 111. It is a criminal offence for the administrator to refuse to do this. You need to engage a lawyer as soon as possible.
Hi
My grandmother and grandfather made a will to leave their property their 5 children and 2 grandchildren. My grand parents have both passed away. Some siblings have taken over and we are not seeing a share of the rent. If some of us want to sell,will the others be forced to sell or buy us out? And are the grandchildren mentioned in the will entitled to it as much as the children are?
Every beneficiary mentioned in a Will is entitled to recover whatever they have been given in the Will. If some of the beneficiaries are misappropriating the estate, the affected beneficiaries may go to court to seek remedy.
Usually, the majority owners of the property will determine what to do with it. If the minority owners refuse, then they can agree for one side to buy out the other side. If there is no agreement, then the court can decide.
Hello Sir/Madam, please my Dad died leaving 6 children’s from three different spouse and all of them has also passed on. With this please how do we go about it. Please can you help me out to deal with this. Thank you
If there is no Will, and the surviving spouse and all the surviving children are deceased, then the customary successor may apply for Letters of Administration to share the estate in accordance with PNDCLaw 111. In this case it will all go to the customary law/extended family.
I dont know my father’s lawyer neither my brothers or sisters. he passed on for the past 2 years now. Nothing from his close friends, family or spouse. He married 3 wives. Now, we the children are stranded. Should we proceed to court to find out if he has a WILL or we should remain calm. The families are saying we should touch anything till they are ready to share the things. what should we do as children ?
How do I know if my late father has a WILL or not
If he made a Will, there is somebody he trusted enough to tell and give a copy to, or tell the person where the copy is hidden. So you can start with his lawyer. If the lawyer has no will or no knowledge of same, then his spouse and close friends and close trusted family. If they also have no will or no knowledge of one, then a search may be conducted at the High Court Registry with the deceased’s name and Receipt number. If there is still no will then it may be unlikely that he made a Will.