Who Can Get Letters of Administration or Probate?
Administrators (L/A)
When the Court issues letters of administration to a person, that person becomes the Administrator of the deceased’s estate.
The Court will only grant letters of administration to the Spouse, Child, Parent or Customary Successor of a deceased person. This is a hierarchy, that is to say, the most qualified is the spouse and the least qualified is the customary successor. However, it is possible for the Court to appoint two or more Administrators at the same time.
The lawfully appointed Administrator has access to the entire estate of the deceased including bank accounts, buildings, cars, etc.,. He must deal honestly and fairly with the estate and distribute the properties in accordance with PNDCLaw 111.
Surviving Spouse
The first priority on the hierarchy is the Surviving Spouse. Consequently, only the legally married wife or husband of the deceased is recognized as a Surviving Spouse to be an Administrator. The law will recognize an Ordinance Marriage, Customary Marriage or Mohammedan Marriage as a legal marriage. However, Divorcees, Boyfriends, Girlfriends, Concubine, etc., are all excluded.
Surviving Child
Where the Spouse is not available or unable to apply for L/A, then the Surviving Children have the second priority to apply for L/A.
The surviving children are the biological or legally adopted children of the deceased. This means that Nephews, Nieces, Cousins etc., are all excluded unless they were legally adopted by the deceased.
Surviving Parent
The biological or legal adoptive Parents of the deceased are the Surviving Parents and may apply for L/A. They have the third priority if the Spouse and Children are not available or unable to apply for L/A.
Customary Successor
The Law also allows the Customary Successor of the deceased to apply for L/A. The family of the deceased appoints a Customary Successor in accordance with the Customary Law and culture of the tribe that the deceased belonged to. Where the Spouse, Children and Parents are unable to apply for L/A, the Customary Successor has the fourth priority to apply.
Administrator General of Ghana
In some special circumstances, the Court will appoint the Administrator General of Ghana as Administrator of the estate of a deceased person. The most basic example is where a person dies and there are no surviving relatives, the Court will grant the L/A to the Administrator General. The Administrator General is a Public Officer at the Registrar General’s Department.
The Court may also appoint the Administrator General as a neutral, independent Administrator in cases where there is a dispute between the family members or where they cannot agree on the property distribution.
Executor (Probate)
A Testator is a person who makes a Will. The Testator appoints an Executor in the Will. After the Testator dies, the Executor is the one who will act on his behalf.
The Executor also has a duty to act honestly and fairly. He fulfils the desires of the deceased as stated in the Will. He must settle the debts of the deceased, handle all accounts and distribute the properties mentioned in the Will. You can learn more about Wills in our explainer here.
The Testator may appoint any adult person as an Executor of the Will. During the reading of the Will, the identity of the Executor will be revealed. He must then apply to the Court for probate or renounce Probate.
If the Executor obtains Probate, then they must proceed to act on behalf of the deceased to deal with any issues that arise and to distribute the properties in accordance with the Will. If the Executor renounces Probate, the Court will appoint an Administrator to distribute the estate in accordance with the Will.
124 Comments
can you help with the respective courts jurisdiction in terms of the value of a deceased’s estate.
thank you.
District court – GHc500,000 & Circuit COurt – GHc2,000,000
. Please, I would like to find out, let’s say, if I have an account with the bank and I am no more. Is there a legal means I would have to follow for my family to have access to the money in my account?
If there is a Will, then they have to apply for L/A, if not then Probate.
hi Lexis, i would like to know, averagely, how long the estate administration process takes. thank you
It may take anywhere from 5 – 8 weeks, from the date the application is first heard in Court to the date that the Probate or L/A (as the case may be) is finally received.
Please, what is the procedure, if the Administrator (who has LoA) is wishing to value the estate of the deceased in Ghana, but is finding it difficult to gain access to the properties of the estate, (access is being denied by relatives) and so this is delaying the administrator of the estate to be carried out effectively.
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. You may present a copy of the L/A to the police and formally request their assistance/protection for you and valuer whilst performing official duty. This may or may not be enough but it is worth a try. You also need to engage a lawyer to help you understand your options.
Good reply, Counsel
I like the legal education- legal advice bit of your reply. Ethical reponse. Besides, the question is plagued with inconsistencies.
If the deceased left more children than properties, how is the distribution done? Do you liquidate them or what? What is the position of the law on that? And what happens if some of the children and wives decide that no property should be some, are the administrators bound by that decision?
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. If the beneficiaries cannot agree, there are many different ways of trying to resolve the issue. They can sell the property and share the proceeds under PNDCLaw 111. They can rent the property and share the proceeds under PNDCLaw 111. etc.,
what is the happens when the executor to the will also dies after the Testator?
Where there is no executor, the process for Letters of Administration with Will Annexed applies. This is an LA but the estate is shared in accordance with the Will and not PNDCLaw 111.
My mother is the eldest of 7 children (3 now deceased). She’s an executress / executor of her father’s will as well as a beneficiary. It appears she would need to have the property vested in all beneficiaries including herself (from what I have gleaned from the internet). She has the letter of probate too. Appreciate if you could throw some light on this and if we are on the right track. All beneficiaries are from one father, one mother.
Furthermore, in the event that a representative is hard to obtain at this current time in Ghana, could the vesting assent process be done through correspondence and Zoom/Skype from London to Ghana perhaps with the help of an on-the-ground legal representative in Ghana?
Thank you
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. After Probate has been received, the next step is for the Executor to vest the properties in the respective beneficiaries. This may be done online, and the hard copies of the Vesting Assent registered at the Lands Commission by a representative in Ghana.
Thanks LexisGH. grateful for finding your website when I did. Clear understanding. One more question, although my mother is the executress, her brothers have been administering funds of the estate. Is there anyway of prior indemnity before the vesting process to protect her? If so, could you provide information on this otherwise, what would be the normal course of action in situations like this where intermeddling may be an issue? Thanks!
Hi
My Dad died in the UK and my siblings and I were all born and live in the UK. He has quite a few assets in Ghana and I’d like to be able to take control on how they are handled going forward. I am his eldest daughter and next of kin. I have two questions:
1. Can I apply for Ghanaian Letters of Administration in the UK or do I have to be physically present in Ghana?
2. If I have obtained letters of administration in the UK, can this be used in Ghana? If so, are there any additional steps that need to be taken to make it valid in Ghana?
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. 1.An l/A or Probate obtained abroad can be re-sealed in Ghana. 2. It is also possible to have a legal representative in Ghana act on your behalf and obtain Probate or L/A in Ghana If you cannot be in Ghana personally to pursue this.
Thank you for this info. But how long does an administrator have to distribute the property after letters of administration have been granted
The distribution of the estate must begin immediately after the L/A is granted. It should take the time that is reasonably necessary to finish distributing all the properties in the estate. An Administrator who mismanages the estate or delays the distribution without just cause may be removed or replaced.
Please my late brother has two wives and three children, the first wife is having two children and the second wife one child, l want to know who is more qualified to be made the administrator when the three of us apply for the LA?
Thanks
The Court will only grant letters of administration to the Spouse, Child, Parent or Customary Successor of a deceased person.
This is a hierarchy so the most qualified is the spouse and the least qualified is the customary successor. However, it is possible for the Court to appoint two or more Administrators at the same time.
If there is more than one spouse, then the first one is more qualified followed by the next, if there is more than one child then the eldest is more qualified followed by the next etc.,
Thank you for this. It was very beneficial. I would like to know how long the letter of administration process usually takes. Thank you
The process to obtain Letters of Administration from the date of hearing the motion to finally obtaining the L/A may take approximately six (6) to eight (8) weeks.
Thank you so much for this insightful piece of information. I was told I have to apply for the letter of administration before I can be given the tier 2 benefits from my late father. Do you know anything about the tier 2 process, please?
SSNIT will only release the benefits to the person who has been appointed Administrator of the estate.
Please note that we cannot give you legal advice without a consultation, we can only help you to understand what the law says about a given subject.
Hello,
Firstly, thank you for a very informative article. I have a few questions. I live in the UK, and have since obtained a letter of administration to my late husband’s estate. He used to live and work in Ghana many years ago. What is the process of obtaining a re-seal of my current letter of administration considering I live abroad and have no means of coming to Ghana? I have no ties to Ghana, so I feel stuck on how to proceed. I would be very grateful for any support.
The Ghana Law will allow you to act through a legal representative if you cannot personally be in Ghana. The person could be a close friend, relative or other trusted person. Another option would be to make official arrangements, at a cost, appear before the Court through video conferencing by Skype or Zoom or something similar.
I want to know if one needs vesting assent after a letter of administration has been issued
Not every property needs to be vested. However, if the property under the Letters of Administration needs to be vested, then it will be necessary to issue vesting assent. eg., Landed Property, Vehicles, etc.,
Thank you for the useful information.
How long does the probate process usually take?
The probate process may take between 5 to 8 weeks from the date the Probate Application is heard in court to the date the Probate is released to the applicants.
Hello.
Please can a surviving spouse or child who is not nominated in a life insurance policy of a deceased make a claim in respect of the insurance policy?
Who must bear the cost of applying for an LA?
If you are an adult above the age of 18 years, then you will not get a share of the insurance benefits if your name is not in the nomination form. Only adults whose names are in the nomination can get their share. But if you are a child under the age of 18years, then even if your name is not in the nomination form, the court may grant a portion of the insurance benefit for school fees, maintenance and general upkeep. The one who applies for the L/A usually bears the cost. Some families take loans and repay the loan when the L/A has been granted. These must all be agreed by the family.
If the deceased was not resident in Ghana and his children who have inherited the Ghana properties are not resident in Ghana, can the children sell the Ghana properties without obtaining an LA in Ghana?
If they have to obtain an LA, can they obtain it abroad and seal it in Ghana? Will the sealing process be costly?
Hello Jennifer, Thanks for reaching out to us. The Ghana law will allow a person to apply for an L/A obtained abroad to be re-sealed in Ghana. The Cost involved is the same as the cost of applying for L/A in Ghana. i.e. GHC14,000 plus 5% of the value of the estate. It is not possible to lawfully sell the property of an intestate without first obtaining L/A. Only the Administrator would be able to legally transfer the property to the buyer.
Hello, and Good Morning.
How many stages are there in the vesting process? I assumed that at the time of vesting, the property is vested into the name of the beneficiary and that afterwards, the beneficiary can proceed to register it with the will, probate and vesting assent of said property, identified and delineated as per the contents of the will. Is that correct Ghana Law, and is the vesting process a distribution into the individual beneficiaries? OR
is there a process where the vesting process is a two-step process WHERE THERE ARE SEVERAL BENEFICIARIES each with unequal shares (so equality is not applicable here) ie first vest as joint owners by several beneficiaries; then second, distribute and delinate the property into the beneficiaries individual names? Thanks in advance for your reply.
Hello Aayd, Thanks for reaching out to us. Vesting is a one step process. The property is vested into the name of the beneficiary and then they can register if that’s necessary. Where multiple beneficiaries inherit the same property, it is still the same one step process, the Vesting Assent ought to indicate the proportions of ownership if that is necessary.
Good afternoon.
Thank you for a very clear informative article.
I would like to know
1. Who physically writes a Vesting Assent? The administrator(s) or a lawyer?
2. Does it have to be on letterhead? If the administrator does not have a letterhead?
3. Can an administrator prepare a Vesting Assent if the property is to go to him?
4. Do stocks require Vesting Assent?
Please note that we cannot give you legal on this platform, we can only educate and help you to understand what the law says about a given subject. 1. It is not compulsory to use a lawyer to do a vesting assent. However, it is strongly recommended. 2. There is no prescribed design, but there are necessary or relevant details that need to be in the Vesting Assent. 3. Yes, if the administrator is a surviving spouse for instance, then they are entitled to 18.75% of the estate so they can vest into themselves. 4. Yes, stocks/shares/bonds etc are registered with the CSD and during the registration, they will require the LA and Vesting Assent in order to transfer the shares etc from the deceased to the beneficiary.
Please can the Administrator use Vesting Assent to seek for a loan in bank?
Hello Hadi Abubakar, Thanks for reaching out to us. Only the owner of a property can use it as collateral for a loan or to guarantee a loan for another person. The person who is named as owner of the property in the Vesting Assent is the one who may use it as collateral for a loan.
Whereas a person dies intestate who has about 11 children from different women does the grandchildren whose parents are dead benefit from the inheritance or only the surviving children benefit.
Hello Kwesi,
Surviving Grandchildren do not automatically qualify to inherit the intestate. They will only qualify if they were dependent on the intestate before his demise. Only surviving children qualify automatically to inherit the intestate under PNDCLaw 111.
I have 2 issues that I need clarification on.
1. Under what circumstances does one appoints the administrator general as the executor to his/her will.
2. Where it is believed or suspected that a said Will was clandestinely made which favors 3 out of 9 children of deceased can the children of the other 6 whose parents have passed on contest The will.
Hello Kwesi,
1. In most of our cases, the administrator general has been appointed by the Court. At lexisGH we have never dealt with a Testator who made the AdminGen an Executor. However, nothing stops a Testator from doing so. The AdminGen is a government office with several lawyers one or two of whom will be assigned to handle the estate when the time comes. They are qualified professionals who know their work and can be trusted to do a good job all things being equal. The AdminGen usually charges some fees for the work they do.
2. A Will can always be contested by those who mistrust it, however, the contest may or may not succeed depending on the evidence that is produced to prove that the Will is not valid. I strongly recommend that you engage a lawyer to assist you with all legal issues.
Thank you very much for this education. My question is, can a bank, for any reason, decide to withhold part of the deseased person’s funds/money after an LA is presented? They tell me (the Administrator) that they can only give me the money that SSNIT paid into the deseased’s account before his demise. All the monies that came in from SSNIT (as his pension pay) after his demise will not be given to me, but will rather send it back to SSNIT. Is that the case, please?
Hello Mohammed,
The deceased is only entitled to pension whilst he/she is alive. All pension paid after the date of death ought to be refunded. Usually, the banks don’t release those funds. It is unclear whether it is the bank or the Administrator who is legally responsible for refunding that pension. Usually, the banks say that they do.
Nice
Can a son who was given out for adoption (through court processes) apply for and be an Administrator, together with his step brother (who was given for adoption).
In effect does adoption invalidate ones ability to become an administrator of his father’s estate?
Thank you
Hello Ahmed,
Thanks for reaching out to us. I am not aware of any case law on this unique situation so I can only give my personal view which is non-legal. I dont think the adoption of a child will invalidate their right to be an administrator of their biological father’s estate. The adopted person may have to show that there is no one else with a superior right to administer the estate.
Can a some who was given out for adoption go in for a LA after the demise of his father?
Please who can apply for a copy of L/A from the court, can it be done by anyone or lawyer……..
The Administrator can personally apply. If that is not possible, then it may be done through a Lawyer.
My name is Daniel, Please I want to find out if after 20 years back a copy of L/A can be retrieve, where and the process to retrieve it………Thanks
Hello Daniel,
Thanks for reaching out to us. You would have to first find out if the Administrator still has the copy, if not then the beneficiaries may have copies. You may also find out from the Court where the L/A was granted. You would have to apply to the Registrar of the Court for copies.
Thank you very much for the concern, please I want to find out who should apply to to the court, personal or lawyer…..thanks
The Administrator can personally apply. If that is not possible, then it may be done through a Lawyer.
In the case where the administrators or executors of the L/A want to sell a property(land), do they have to necessarily prepare a vesting assent to the buyer before the transaction can be completed?
Hello Selorm,
Thanks for reaching out to us. There is no requirement in Ghanaian law that administrators or executors of an L/A must prepare a vesting assent to the buyer before a transaction can be completed. However, it is generally advisable to do so in order to avoid any potential disputes that may arise in the future.
Can the property given to me be valued for me to make my payment. We are 12 Children with only two boys. Majority of the estate has been given to the two boys. Now they want all of us to raise money to pay the total value of the properties. Can my part of the inheritance be valued for me to make payment for my probate?
Hello Delight,
Thanks for reaching out to us. I will assume that by ‘payment’, you are refering to the estate tax. It is is usually much easier, faster and less expensive for the beneficiaries to just share the estate tax equally. However, if the beneficiaries cannot agree, then it should be possible to value the estate, and let each beneficiary pay their fair share of the tax on a pro-rated basis.
Please my father is dead, and he has money at the bank, we are 3 and he made only me the next of kin (Beneficiary) for that money, it’s been two years since he passed away and I want to go for that money, what should I do, do I need an L/A do I need to involve my siblings who are not part of the beneficiary? And also can I go for it alone with a lawyer without involving the family because they are fighting over the other properties. Or can I change the details from my dad’s account to my name? Any help? It’s SIC insurance and they demanded for an L/A before they can give the money to me despite being the next of kin.
It is not possible to apply for L/A without notice to the family. During the application proceedings, the Court will give notice to the deceased’s next-of-kin and other interested persons. It is also unlawful to hide information from the Court.
Some banks/institutions will give the money to the person(s) named in the Nomination form, although this is not always the case. Some others will give the money to the lawful administrator for distribution.
That was a good one. I’ve been enlightened
We’re glad to hear that. Thanks
My name is John. My maternal grandmother died in 2008 and her cocoa farms were shared among her four male and two female children. One of the male children died intestate in 2020. In an Akan society where inheritance is matrilineal, the two female children are of the view that the farm belonging to their deceased brother be reverted to the family whereas the surviving spouse and her children are also claiming ownership of the said farm. Meanwhile the deceased had many farms as a self-acquired properties which the surviving spouse and her children have already benefitted from.
Please, what is the position of the law in instances like this.
Thank you.
Please in the case of apply for letters of administration can one be given information about a deceased person financial history in all the banks he or she related with , without having to know the account numbers in the application of the letters of administration or without account numbers it will be difficult for the court to access information from the deceased person banks
Hello Akaa Charles,
The Court can order the Bank Manager to produce a statement of account of the deceased. It will be sent directly to the Registrar of the Court. Sometimes, the bank is able to identify the account without the account number. If the bank requires the account number, they will notify the Court.
In a typical Akan society in Ghana, we normally select a customary successor. Now, a chief dies ,a new chief is enstooled for the town. In a situation where a customary successor has not been chosen, can the head of the family and the surviving spouse clandestinely apply to the court to be issued with L/A without the consent of the family and other surviving children from different mothers? Should the customary successor not be selected before any application is made to be part of the entire process?
Hello John,
There is no time limitation for bringing an application for L/A. It may be brought at any time after the death of the intestate. However, most people usually wait until after the final funeral rites have been concluded.
The Court will usually require that notice of the application is given to anyone who has an interest in the estate.
What’s the process of changing an ownership with a will
Hello Naomi,
You can learn more about transfering ownership from the deceased to the beneficiaries named in the Will by clicking here – Distribution.
I would to know if the estimated maximum cost of GHS14,000 is mandatory, even though you didn’t use a lawyer in providing professional services?
Out of the three types of costs, Court Fee, Legal Fee and Estate Duty, The Legal Fee will only be paid if you hire a lawyer to represent you and handle the case for you. If you do not hire a lawyer, then you will not pay a legal fee.
Hello please My Dad is dead and he gave birth to two guys and the family members are taking advantage and given the house for rent he got married to two but divorced one so what should I do I want us to share my fathers properties
Hello Clement,
We have responded to you by e-mail. We do not respond to personal legal cases in this comments section.
Hello
I have a query about what happens to any income that comes into the estate during the administration? Thanks!
Hello Krupa,
If there is a Will, then it ought to be shared in accordance with the Will and if there is no Will, then it ought to be shared in accordance with PNDCLaw 111.
Thanks for the insightful publications.
Please in the case of the deceased having two spouse, can only one spouse and child apply for LA without informing the families involved. Also what is the family’s role in the whole process and their benefits
Hello Sebastian,
The spouses and children may agree and select one representative from amongst themselves to apply for L/A. This ought to be done with the knowledge of all the beneficiaries.
Depending on the surviving relatives, the family will be entitled to a percentage of the estate. We have an explainer of the distribution percentages here
Hello
Please what does it mean if the administrator states that he is only surviving child and beneficiary to the deceased in Grant of letter of Administration whiles he/she has other 6 siblings from the same deceased without sighting them in the letter.
Does that mean the administrator stand as a head to share properties with his/her other siblings or stand alone for ownership of the properties..
NB.. There’s misunderstanding between him and his other siblings.
Hello Brown,
The Spouses, Children, Parents and family of the deceased are all entitled to their share of the estate. We have an explainer of the distribution percentages here. The administrator is required to give all the beneficiaries their lawful share.
It is a criminal offence to lie, disclose or hide facts from the court and can lead to imprisonment, fine or both.
what happens when an executor dies before probate is granted or probate is granted but property was not fully distributed and who takes over
Hello Akua,
If for any reason, the Executor is unable to perform or complete their duty, an administrator will be appointed to complete the process continuing from where the Executor stopped. In this case, because there is a Will, the Administrator will be requird to distribute the property in accordance with the Will.
Hello,
So, can an Administrator (be a blood relation i.e. child) to the deceased; and also be able to issue a vesting accent to himself/herself if he’s is the only surviving relation (i.e. child) to the deceased??
Hello Godwin,
Thanks for reaching out to us. Yes, there are several times where a spouse or child is the sole administrator and they can issue vesting assent to themselves and sign it.
Hi Kofi,
What action can be taken if an administrator or executor fails to issue vesting assents to family members. How would this be viewed by the Ghanaian legal system?
Hello Catherine,
Thanks for reaching out to us. It will depend on the reason why the Administrator is refusing or failing to issue Vesting Assent. The Vesting Assent is usually issued in respect of landed or immovable properties. It can also be issued for other properties like vehicles, Stores/Tenancies, etc. If the estate is made up of properties that do not need to be vested then there is no reason for the Administrator to issue Vesting Assent. There may be other obstacles in law preventing the Administrator from issuing Vesting Assent like ownership disputes etc. If the Administrator is refusing to Vest Inheritance Properties in the beneficiaries, then he must explain why.
If there is no justifiable reason, then there are several legal options available, he may be removed or replaced as Administrator, etc.,. We recommend that you engage a lawyer to assist you on this.
Please I need enquiries about the letter of administration because I am in the process
How can I reach you?
Hello Castro,
Thanks for reaching out to us.
You can send us a message here.
You can reach us by e-mail at info@lexisghana.com
You may also reach us on WhatsApp at this number, 020 423 3676, or by clicking here.
Do you have an office or something that I can come over for more information?
Hello Clifford, Thanks for reaching out to us. We have partner lawyers that you can consult with at their various offices in Ghana. Lexis Ghana is only online at the moment.
Please, if a probate action notice is served on executors by the court that granted the probate and the executors claims the probate certificate is missing and that they can’t find it. Can a different court grant same probate certificate or the court that the executors applied for the probate certificate?
Hello Rubaina,
In the situation you described, it would not be necessary to re-apply for probate.
You can simply request for another copy of the Probate Certificate from the Registry of the Court which granted the Probate.
I hope this info is helpful to you. Thanks for reaching out to us.
We thank you for such wonderful education.
Please I humbly request for similar education on Affidavit and Power of Attorney.
Thank you.
Thanks so much Francis, our writers are working hard to bring the next set of write-ups.
Thanks for the information. In terms of timelines and based on your experience, how long does it usually take to complete the entire probate process in Ghana?
Hello Ekow, thanks for reaching out.
It usually takes about 3 to 5 weeks if there are no family issues or other contentious matters.
I just couldn’t leave your website prior to suggesting that I actually enjoyed the standard information an individual supply for your visitors? Is going to be again steadily to check out new posts
Hello, thanks so much for your comment. We really appreciate that. Its great to hear that you find our work useful.
Good afternoon, pls can you throw more light on the vesting assent? I mean the process, where should i start from and how does it cost to obtain one. Thank you
Enoch Sarpong
Hello Enoch, thanks for your comment.
We have responded to you on our Whatsapp platform.
Thanks! That’s insightful
You are welcome sir. We’re glad you find this helpful.
If a co administrator resigns can Letters of Administration be amended to remove that resigning administrator?
If
Hello Ben, thanks for reaching out to us.
The Court can amend an L/A to reflect changes in the status of the Administrator(s). So yes, if a co-administrator resigns or dies, they may be removed or replaced as the situation demands.
Thank you for this information. Very helpful. If an LA has been issued in the United States, can it be used in Ghana as well?
Hello Karen, Thanks for reaching out to us. An L/A from the United States may not be used in Ghana. The estate to be administered must be in Ghana and the L/A to be used must also come from a Ghanaian Court.
If the deceased spouse too is dead and left with may be two children, can they issued a letter of administration without customary successor.
Hello Eric, Yes, the children may be granted L/A without the Customary successor.
Does the administrator need any additional permissions to issue a vesting assent to a beneficiary? For example does the spouse or child need to give consent for a property to be transferred to a father? Also is the vesting assent first to the administrators then a transfer to the beneficiary or direct to the beneficiary? Thanks.
Thanks for reaching out to us Richard. The Vesting Assent may be drafted and signed but depending on the kind of property being transferred, the administrator(s) may or may not need “permission”. For instance, if it is a transfer of shares in a company, it cannot be done without the Central Securities Depository. The property distribution and beneficiaries are determined by the law, they do not require the consent of any family member. The property transfer is always directly from the name of the deceased to the beneficiaries. The administrator represents the deceased. Please use our ask a lawyer form or Whatsapp line for any further questions. Thank you.
In the case where there are two administrators and one dies is it necessary to amend the L/A
Thanks for reaching out to us, Coleman! The answer depends on the circumstances at the time of death of the administrator. If there are properties that are still not yet administered, then yes, the L/A would have to be amended to either replace the deceased administrator or delete their namefrom the L/A. However, if there are no properties left to be administered, then the replacement/deletion of the administrator becomes an issue of procedure/formality that may either be done or ignored. Please note that this answer is purely educational and subject to our Privacy Policy and our Terms & Conditions. It is in no way intended to be legal advice. Please forward any future questions through our Ask a Lawyer form or by Whatsapp on mobile.
I will be very happy to participate in training and gain more knowledge in the whole functions of Commissioner for Oaths.
Thanks for reaching out to us, Solomon! Unfortunately, We do not offer training at this time. We will reach out to you through the email provided when our training programmes go live.
Thanks for this information. I wish to find out if it is mandatory to have the head of family accent to the application for L/A. Does the head of family have a portion to sign when applying for an L/A.
Thanks
Hello J.A,
Thanks for reaching out. The law does not require an endorsement from the Head of Family in an Application for L/A. However, some Judges do ask for it, although it is not required by law.
Great Job
Thanks Osman!
Please, what is the process in law when the family selects three administrators for the grant of LA of the estate of a deceased father , and after the grant, two of the Administrators died and the family need to replace the two deceased Administrators. Can the two be replaced, if yes!, How should this be done?
Thanks & Regards
Hello Joseph Quartey, Thanks for reaching out to us. In order to remove or replace an administrator under Ghana Law, you would have to file an application in the appropriate format at the same Court which granted the L/A, and request for the 2 administrators to be removed or replaced.