What is PNDCLaw 111?

“PNDCLaw 111” is a short name for the Intestate Succession Law of 1985. It is a law passed by the Provisional National Defence Council (PNDC) of Ghana; The military government which ruled Ghana from 1981 to 1993.

The PNDCLaw 111 does not stand on its own. It works together with the High Court Civil Procedure Rules 2004 CI 47 and other relevant laws including the 1992 Constitution, the Court’s Act and others. This means that even though the PNDCLaw 111 directly addresses inheritance under intestacy, the procedures and processes for invoking its benefits are found in other rules or laws. We may mention some factors in this article that may not necessarily be in the PNDCLaw 111 but will be found in other laws that are complementary to it.

You can purchase a copy of the PNDCLaw 111 here. You may also access a free PDF here.

Why PNDCLaw 111?

The Law was made to deal with the distribution of the properties of a person who dies without making a will. During the era, many widows and surviving children of deceased persons were being oppressed under the Customary Laws of inheritance. They were denied the benefit of inheriting the properties of their deceased husbands and fathers. The Law was one of the solutions created by the PNDC to help deal with the situation. It has been in force in Ghana from 14th June 1985 and remains in force.

Benefits of PNDCLaw 111 Are Subject to Letters of Administration

A beneficiary of an intestate can only lawfully obtain and enjoy the benefits of the inheritance after the Administration process has been concluded and Vesting Assent issued. It is important to obtain Letters of Administration L/A before handling or dealing with the property of a deceased person. It is a criminal offence to do otherwise. Only a lawfully appointed Administrator who has been granted L/A has the right to deal with the estate of a deceased intestate. We have a comprehensive explanation of the Letters of Administration and Probate here.

What Does PNDCLaw 111 Say?

The PNDCLaw 111 applies to the estate of all persons who dies intestate with the exception of Stool, Skin or Family Property. Dying intestate simply means dying without a valid Will.

Who Can Inherit?

The Law recognizes five (5) categories of persons who can inherit the property of the deceased when there is no will. They are,

Surviving Spouse

The PNDCLaw 111 will recognize only the legally married wife or husband of the deceased as a Surviving Spouse. Divorcees, Girlfriends, Concubines, Side Chicks, Boy Toys etc., are all excluded.

Surviving Child

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 the deceased adopted them during his lifetime.

Surviving Parent

The biological parents of the deceased person are the Surviving Parents. However, the Law will acknowledge the legal adoptive Parents of the deceased as Surviving Parents.

Customary Law (Extended Family)

The Law also grants a portion of the estate to the extended family of the deceased. This portion is distributed in accordance with Customary Law. Usually the traditions of the ethnic tribe of the deceased person will apply. In practice, this portion goes to the Extended Family of the deceased, i.e., the Head of Family, Uncles, Aunties, Cousins Nephews etc.,.

Administrator General of Ghana

Where a person dies without leaving any surviving relatives, then their properties will go to the Government of Ghana. The Administrator General is the Public Officer responsible for such properties.

Inheritance Property Distribution PNDCLaw 111

When it comes to the distribution, the PNDCLaw 111 first deals with some specific types of properties before going on to share the estate to the surviving beneficiaries.

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

The Surviving Spouse and Children of the deceased are jointly entitled to 75% of the properties (the residue) (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 residue. The remaining 50% is for 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 (the residue). The remaining 25% goes to the Parents and Extended Family (12.5% and 12.5% respectively).

 

 

 

 

 

 

 

Parents Only

If the deceased person has no Spouse or Children, then the Surviving Parents, if any, will be entitled to 75% of the properties (the residue). The remaining 25% will go to the Extended Family.

Where there are no Parents and Other Exceptions

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 they were known by the deceased and if the deceased was taking care of them or maintaining them in their lifetime. Only if the grandchild was dependent on the deceased during the lifetime of the deceased.

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.

Conclusion

In conclusion, PNDCLaw 111 has been a transformative piece of legislation in Ghana, offering protection and fairness to surviving spouses, children, parents, and extended family members in cases of intestacy. For over three decades, it has shielded vulnerable dependents from the injustices of customary inheritance practices and provided a clear, lawful framework for distributing estates. Its enduring relevance lies in how it has promoted social justice and stability by ensuring that property rights are respected and disputes resolved within the law.

Yet, after more than 30 years in force, the law is showing its age and requires reform to reflect contemporary realities of family life and property ownership. Pending legislation such as the Property Rights of Spouses Bill and other complementary acts of Parliament are crucial to modernizing Ghana’s inheritance regime, closing gaps, and addressing new challenges.

Thus, while PNDCLaw 111 deserves recognition for its historic role, the time has come to strengthen and update it to ensure that it continues to serve justice in today’s society.