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.
69 responses
I need to obtain an LA for my late husband’s estate. I have 3 kids all minors Ages 16, 13, 11,.
Can they be listed as beneficiaries in the LA
Will it be right to involve my sister in-law in the application .
What will be her role
Please advice
And what will be her role in the LA
We cannot give legal advice here. Spouse(s) and biological/adopted child(ren) are all beneficiaries under PNDCLaw 111. Valid applicants are the Spouse, children, parents and customary successor of the deceased. Sister-in-law is only relevant in a supporting role but not active participant in the application and may be a beneficiary under customary law but not a direct personal beneficiary. You need to engage a lawyer for legal advice so you fully understand your rights and what options are available for you.
Check for probate or Administration Records. Looking for Ghanian Lawyer familiar with pre-1985 succession issue and
customary practices.
You may reach out to us by the contact us or schedule a consultation button, you can also find a lawyer of your own choice at the Ghana Bar Association Lawyer Locator Page – https://locator.ghanabar.org/lawyers
My mother died intestate when i was 13, my grandfather and uncle applied for LA without informing my father. they have taken all the money and properties. i live with my father who takes care of me and was married to my mother when she died. i am still a minor. how do i get my inheritance
We have replied by the e-mail you provided. We do not give advice here.
My question is an assignment and I don’t really know how to go about it.
A very wealthy man, John Hagan, unexpectedly passes away without leaving a will. He
is survived by his spouse, Anna Hagan, and their three children: Michael, Ruth, and
Emily. Ruth, the middle child, is 18 years old. At the funeral, Ruth is overwhelmed by the
loss of her beloved father, with whom she shared a deep and affectionate bond. Unable
to contain her grief, she collapses from emotional exhaustion. She is rushed to the
hospital, where, surprisingly, the doctors discover that Ruth has a serious underlying
health condition that requires an immediate blood transfusion. When Ruth’s family is
asked to donate blood, none of them are a match, not even close – an astonishing
discovery that no one anticipated, leaving the family confused and unsettled. John’s
brother, Samuel Hagan, who has always had doubts about Ruth’s paternity, requests a
DNA test. The DNA test reveals that Ruth is not biologically related to the deceased, John
Hagan, despite having been raised by him as his daughter. This revelation raises
questions about her legal entitlement to inherit from his estate. The administrators of the
estate, upon discovering that Ruth is not biologically related to John Hagan, decide to
deny her a share of the estate. Ruth, distressed and feeling wronged, sues the
administrators at the High Court, which decides that she is not entitled to inherit from
her “father’s” estate. The High Court based its ruling on the definition of a “child” in the
Intestate Succession Act, 1985 (PNDC Law 111) as amended by the Children’s Act, 1998
(Act 560), which states:
A child is a natural child, whether or not born in wedlock, a person adopted under an
enactment or under customary law relating to adoption, and a person recognised by the
person in question as the child of that person or recognised by law as the child of the person.
In its judgment, the High Court reasoned that, despite John Hagan having recognised
Ruth as his daughter throughout his life, such recognition was based on the belief that
she was his biological daughter, which DNA evidence ultimately proved to be false. Ruth
is appealing the decision of the High Court.
Task:
(a) As an intern at the law firm representing Ruth in the Court of Appeal, you have
been tasked with preparing a legal brief for a senior lawyer. The lawyer, Ms
Mensah, has requested that your brief should outline and analyse the arguments
for and against Ruth’s entitlement to a share of John Hagan’s estate. She has
emphasised that your analysis should include relevant laws and case law from
Ghana and other jurisdictions.
This is the question
We have replied to you by your WhatsApp number
i equally need assistance on this question
You may reach out to us by the contact us or schedule a consultation button, you can also find a lawyer of your own choice at the Ghana Bar Association Lawyer Locator Page – https://locator.ghanabar.org/lawyers
Y
Good morning, Sir. I would like to know whether the surviving mother and the extended family have a share in the monies found in the deceased bank account, please
Yes and No. It depends on other surrounding circumstances. For example if there are valid nomination forms filed at the bank, then the forms may take effect. Thus if their names are in the form then, yes, but if not then, no. There are some other scenarios. We can’t list them all. You need to engage a lawyer to deal with this, your lawyer will be able to advice you with your specific scenario. We have responded to your question by the email you provided.
Please i have a question my dad build one house for my mum and my mums name is on building and my dad has one house with his name on the building and he is dead, Please does his family members have any share in his property or is given to the spouse and the children.
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. All the properties that belong to the deceased form part of the estate of the deceased. If the property does not belong to the deceased, then it may not form part of the estate of the deceased. Under PNDCLaw 111, if there is only one house, then it goes to the spouse and children. what is left will be shared under PNDCLaw 111.