Quick Answer
Dying without a valid Will in Ghana means your estate is distributed strictly by law under PNDCLaw 111. This law protects the surviving spouse and children, ensuring they receive the largest portions of the property rather than the extended family.
Key Takeaways
- PNDCLaw 111 prevents the extended family from evicting or depriving widows and biological children.
- You cannot control or distribute the property legally without first getting L/A from the court; doing so is a criminal offense (Intermeddling).
- The surviving spouse and children get these absolutely before any percentage splitting occurs.
- The remaining assets (the residue) are split strictly based on who survives the deceased.
When Someone Dies Without a Will, What Happens?
In Ghana, when a person dies without a Will, their estate is shared in accordance with PNDCLaw 111. PNDCLaw 111 is a short name for the Intestate Succession Law of 1985. The law directly addresses inheritance without a Will. However, 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.
Can We Share the Property Without Going to Court First?
No. It is a criminal offence to handle or deal with the property of a deceased person without going to Court first for Letters of Administration. A beneficiary of an intestate can only lawfully obtain the inheritance after the Administration process has been concluded. Only a lawfully appointed Administrator has the right to deal with the estate of a deceased intestate.
Who Can Inherit?
The spouse, children and parents of the deceased are granted the right to inherit the intestate under the law. The law also gives a small portion of the estate to the extended family under Customary Law.
Who Can Inherit?
Surviving Spouse
The legally married wife or husband of the deceased.
Surviving Child
The biological and adopted children of the deceased.
Surviving Parent
The biological or adoptive parents of the deceased.
Customary Law
The extended family of the deceased.
The People 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: Who Counts as a Lawful Husband or Wife?
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: Which Children are Legally Entitled to Inherit?
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 parents of the Intestate
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: What about the Extended Family?
The Law also grants a portion of the estate to be distributed in accordance with Customary Law. Customary Law refers to the customs and traditions of the ethnic tribe the deceased person belonged to. In practice, this portion is usually given to the extended family of the deceased, i.e., the Head of Family, Uncles, Aunties, Cousins Nephews etc.,.
What Will We Get Under PNDCLaw 111?
The law deal with everything that belongs to the deceased that is not mentioned in a Will. It first deals with one house (usually the matrimonial home) and the personal belongings of the intestate before the remainder of the properties are dealt with.
Who Gets the House and the Personal Belongings?
Personal belongings – (Household chattel) These belong to the surviving spouse and the children. These are essentially anything in the home belonging to the deceased that is movable and not fixed to the property. This includes items like furniture, appliances, electronics, clothing, jewellery, and any other personal belongings.
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.
Multiple Houses – 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 given to or selected by the spouse and child, the remainder of the estate is described as the “Residue”.
Where Spouse and Children Survive
In addition to the one (1) house and personal belongings, the surviving spouse and children receive the largest share of the estate.
Spouse
Jointly entitled with children
Children
Jointly entitled with spouse
Parents
Out of the residue estate
Customary Family
Distributed by tradition
What Can the Spouse and Children Inherit under PNDCLaw 111?
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%). 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.
Where Only Spouse Survives
Spouse
Receives the largest share
Parents
Of the residue estate
Customary Family
Distributed by tradition
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).
Where Only the Children Survive
Children
Jointly entitled with spouse
Parents
Of the residue estate
Customary Family
Distributed by tradition
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).
Where Only the Parents Survive
Parents
Of the residue estate
Customary Family
Distributed by tradition
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.
Can Grandchildren Inherit Under PNDCLaw 111?
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.
How Can Grandchildren Inherit Under PNDCLaw 111?
Grandchildren do not automatically inherit. They only step into the shoes of their parent if specific timeline and dependency conditions are met.
A: Parent dies first
Parent (Abena)
Died 2005
Grandparent (Kofi)
Died 2007
Grandchild (Kwame)
Alive
B: Grandparent dies first
Grandparent (Kofi)
Died 2005
Parent (Abena)
Died 2007 or Alive
Grandchild (Kwame)
Alive
Additional Condition: Dependency
Dependency Link
Was the Grandchild dependent on the grandparent? Did the grandparent maintain and take care of the grandchild during their lifetime?
✓ IF YES = Qualifies
The grandchild steps into their deceased parent’s shoes and inherits their portion.
✕ IF NO = Disqualified
If there was no dependency or maintenance provided, the grandchild cannot inherit.
Legal Warning
Criminal Offences Under PNDCLaw 111
Violating the provisions of PNDCLaw 111 is a serious matter. The following acts are strict criminal offences punishable by a fine, imprisonment, or both.
1. Intermeddling
Handling property without Court Authority: It is a crime to handle, deal with, or distribute the property of a deceased person without first obtaining Letters of Administration or Probate.
Interfering with Beneficiaries: It is also a criminal offence to interfere with the right of the spouse, children, or any lawful beneficiary from enjoying the benefits of the property granted to them by law.
2. Unlawful Ejection
It is a criminal offence to eject a surviving spouse and/or child from their matrimonial home (the house they lived in with the deceased during their lifetime) before the estate is legally distributed. No one has the right to eject a spouse and/or child from the matrimonial home before the distribution of the estate
Lawful Ejection Process
- Rented Home: The Landlord may only eject them by obtaining a valid Court Order.
- Family Property: The extended family may only eject them after six (6) months from the date of death.
- Public/Government Housing: They may only be ejected after three (3) months from the date of death.
PNDCLaw 111 has been a transformative piece of legislation in Ghana, offering protection to surviving family members in cases of intestacy. Yet, after more than 30 years in force, the law requires reform to reflect current changes in family life and property ownership. While PNDCLaw 111 deserves recognition for its historic role, the time has come to update it to ensure that it continues to serve justice in today’s society.
Next Steps: Secure Your Inheritance Rights
Now that you understand the PNDCLaw 111, next step is to learn how to obtain Letters of Administration in Ghana.
Need Specific Legal Guidance? The information provided in this guide is for educational purposes and does not constitute legal advice. Because inheritance laws can be complex and highly specific to your family’s circumstances, we strongly recommend consulting a qualified lawyer before making any major decisions.
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71 responses
Where there are surviving spouse and children, the law says 75% should go to them and the remaining 25% goes to the parents of the deceased and the family of the deceased (on equal terms) according to customary law of the deceased.
My question is where there are no surviving parents of the deceased where does that benefit (1/8 or 12.5%) go to?
Where there are no surviving parents, that 12.5% portion is added to the extended family’s portion (12.5%) and they get 25% total. Note that 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 distributed portion/percentage usually stays within the block. The priority is – children, spouse, parents and family. So where there are no children for instance, you will notice majority of the 55% goes to the spouse and then the remainder is shared equally to parents and family.
How is the calculation done at SSNIT. What parameters do they look at to know how much to pay to the people who are survived by the deceased
SSNIT is bound by the statements the deceased made in the nomination form. If the deceased did not divide the money, then PNDCLaw 111 will apply.
Good morning, I would be grateful for some clarification on surviving children. Suppose a patent has two (2) children but one (1) precedes the parent in death, in applying the law, would the entire 9/16 go to the living child or would it still be split amongst the two children (late and living).
No please. Only the children who survive the deceased are entitled to a share in the deceased’s estate. So only the children who are still alive after the death of the deceased are considered surviving children. So in your hypothetical scenario, there is only one surviving child and that child alone will get the entire portion.
Hello, thank you for this write up and it is very helpful. However, I would like to find out in what legal authority or case law did the courts interpret “a child” or “a spouse” to potentially mean the plural? Kindly provide if possible. Many thanks!
Thanks for your question Jonathan. The old Interpretation Act of 1960 had at section 26(3) that, in a statute reference to plural includes singular and vice versa. It also had a similar section for Male and Female. The current interpretation Act 2009 only has the gendered clause but does not seem to have a similar clear provision for the plural-singular aspect. However, these are codification of Common Law principles of interpretation. Therefore, in my view, even though the plural-singular aspect is not explicitly codified in the new Act, it is still applicable under Article 11 of the 1992 Constitution (which includes Common Law as a source of Ghanaian law). Additionally, some statutes have their own interpretation sections that define the specific words they use. For instance, the PNDC Law interprets ‘child’, ‘parent’, and other words within its specific context.