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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.
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.
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
Spouse and Children
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. 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 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 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 they were known by the deceased and if the deceased was taking care of them or maintaining them in their lifetime.
Other relatives who are not part of the qualified persons are not entitled to any share in the properties of the deceased.
54 Comments
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.
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.
Please what about if the deceased had only one property in his name how is the sharing done for surviving spouse and children, without surviving parents
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. If there is a Will, then the properties have to be shared in accordance with the Will. However, if there is no will, then the properties must be shared in accordance with PNDCLaw 111.
Is it always necessary or mandatory that property issues, distribution should be done through the acquisition of LA? What if there immediate family and the extended families agree unilaterally on the distribution when the head of the family sits in such deliberations and there is PEACE.?
Please note that we cannot give you legal advice on this platform, we can only help you to understand what the law says about a given subject. The requirement to obtain L/A before distributing an intestate’s estate, and the requirement to distribute same by PNDCLaw 111 is legally mandatory. Failure to do so is intermeddling and punishable by fine, imprisonment or both.
Good evening.Is it really the case that where a deceased person is not survived by a spouse, child or parent, the estate can be distributed in accordance with Customary Law in view of Section 11 of P.N.D.C.L 111? And in this case will there still be the need to apply for an LA or the extended family can just go ahead and distribute the estate according to their custom?
where there is no surviving spouse, child or parent the estate devolves according to Customary Law. However, it is still necessary to apply for L/A before distributing the estate. It is a criminal offence to handle the estate without first applying for L/A. Punishable by fine imprisonment or both.
my brother died living one child behind without a customary wife.when we went to ssnit we found out that the child we knew,s name was not on his ssnit beneficiary but a different child name was on it so they added the one we know name and gave him his part which was paid to her mother and the remaining they told as they will see the mother of that name which we the family didn’t know here till we went to ssnit. after ssnit did their investigation it was found that the girl wasn’t the deceased daughter .so am asking the remaining money who should ssnit credit to.
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. We have responded by the email you provided.
In the case of children and family, what percentage applies.
If intestate is survived by only children and extended family, with no surviving spouse and no surviving parents, then the portion for spouse will be added to the children and the portion for parent will be added to the extended family.
What happens to the share of the deceased properties if he married two women and they all bare him kids. What’s the law approach to it.
Under the PNDCLaw, the deceased intestates’ property is shared as, Spouse-18.65% | Children-56.25% | Parent-12.5% | Family-12.5%. All the surviving spouses will equally share the 18.65% and all the surviving children will equally share 56.25%.
Hi,
Which session of the PNDC Law allows SSNIT to give 60% of a Man’s(Died interstate) benefits to children who are Minors. How did SSNIT arrive by that determination even though portions of the law states that the part that goes to the children are to be distributed evenly. My older brother was named sole beneficiary by my father, and even though we understand the minors need to be taken care of or share in it because they are minors, why 60% to them.
You may reply privately, but I also consent to you replying here if you so wish.
Thank You.
Hello Emmanuel, Thanks for reaching out to us. The Ghana law allows for an underage child or a dependent of the deceased to apply to the High Court for reasonable provision to be made out of the Will, SSNIT benefits or other benefit of the deceased even if that child’s name is not mentioned as a beneficiary. This relief is granted by the High Court and the presiding Judge will determine the amount to be given after considering the other properties that the child has inherited out of the rest of the estate if any. I am not aware fo any law that grants SSNIT the right to unanimously make this determination.
Please what if a spouse who was not legally divorced left the deceased till the time of his death for over ten years. Would she be still considered as a spouse and also take part of the inheritance without a will.
Please, also can distribution of intestate be done without a letter of administration, because the customary successor is not willingly for attaining an LA. Thanks
Hello Princess, Thanks for reaching out to us. If there is a Will, then the properties of your late father will have to be shared in accordance with the WIll. If there is no Will then they will have to be shared under PNDCLaw 111. It is a criminal offence to handle the properties of a deceased person without first obtaining Letters of Administration or Probate. It is punishable by fine imprisonment or both. Only the COurt Appointed ADministrator has the Right to distribute the estate of a deceased person. under PNDCLaw 111. spouse – 18.75%, children – 55.25%, parent – 12.5% and extended family – 12.5%
Is it correct that under the law, if the deceased had only one house it goes to the surviving spouse and children?
Is it also correct that if the deceased had multiple houses, the surviving spouse and children are entitled to choose one of the houses and in addition have a share in the remaining houses ?
Hello Joseph,
Thanks for reaching out to us. Yes the Matrimonial home automatically belongs to the surviving spouse and children and they will have an additional selection if there are more houses in the estate. You can get a copy of the PNDCLaw 111 on our bookshop lexisghana.com/shop.
What does the law say concerning Cohabitation?
Hello Daniel,
The law will not allow a family to deny a concubine a share in the inheritance if the family have already acknowledged him/her as a wife during the lifetime of the deceased. This will apply even where there is no legal marriage between the concubine and the deceased. However, if the family never acknowledged the concubine as a spouse during the lifetime of the deceased, then he/she will not share in the inhritance as a surviving spouse.
Great to know this page.
My grandfather who is my mother’s father died in 1882 and yet his estates has not been shared.
My mother who’s father is the deceased died in 1986.
We are from the Northern part of Ghana and I want to know if my mother has a share in her late father’s properties if it is going to be shared now in 2023 ?
Thanks in advance
0243256120
Hello Foster,
Thanks for reaching out to us. Your mother’s inheritance rights will depend on several factors. Did your grandfather or your mother leave a will? Was L/A obtained to cover the properties or not? Who has possession of the estate currently? I will recommend you have a full consultation with your lawyer on this matter. You can reach out to us on our whatsapp platform and we can connect you to our lawyer if you choose.
What are the approaches in bringing peace between two families who are fighting over a land property where by one is a biological family and the other is adopted
If the parties cannot agree, then they can go to Court and the Court will decide for them. They may also use customary arbitration with the Chief of the town or a formal arbitraion at the Ghana Centre for arbitration. There are several other approcahes. They can engage a Lawyer to assist them find the best one for their situation.
Hello, is it legal for a beneficiary to possess and utilize property assigned to them in the will without the vesting assent from the Administrators?
Hello JC,
Thanks for reaching out to us. It is not necessarily illegal although it may be risky.
In law, until the Vesting Assent has been executed, the estate remains with the Administrator/Executor. Whilst with the Admin./Exec, the creditors of the deceased may be able to attach the estate to settle the debts of the deceased, the Admin./Exec. may decide to liquidate the estate to settle expenses, etc. It is risky to possess and utilize inheritance when Vesting is still not yet done.
My question is about what can be found in Deuteronomy 21vs 15-17 .The right of the first son. Under our current laws, how are the estates administrated among children from a polygamous family with several properties.
Hello Ken,
All the biological childrn of the deceased are recognized by the law. The children all have an equal share in about 50% of the deceased’s estate. Inheritance Property Distribution
Please who will own the rental project which is completed just to foundation level (majority sponsored by children) and situated on the same plot (one plot) of land as the matrimonial home. Is it classified as part of the matrimonial house or will it be given to the extended family of the deceased?
Hello VK,
The owner of a piece of Land owns all that is situated on the land. If the land is family land, then all buildings, farms, and immovable properties on it will belong to the family. If the land is for an individual, then all the buildings, farms and imovable property on it will belong to the individual.
It doesnt matter whose money was used to build, the building will belong to the landowner. There are many exceptions but this general principle usually applies.
what happens when a person died intestate before the enactment of the pndcl 111.I will be grateful if I am pointed towards any precedents or case law to this
Hello Donna,
Before PNDCLAW111 came into force, it was the Customary Las of Succession which were applicable on a case by case basis depending on the tribe/family to which the intestate belonged.
You can learn more by looking at sections 19 and 20 of the PNDCLaw 111 here.
You may also consider at a paper by Joshua Kweku Aba on Intestate Succession in Ghana before and After PNDCLaw 111.
Sorry I mean what if the deceased doesn’t have surviving parents ?
Hello Emmanuel,
Thanks for your comment. 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%.
My grandfather died in 1970. He had ten children,all of whom have passed on. The old man had a couple of landed properties (Lands) which was not shared before all his biological children also died. We the grandchildren want to share the properties. How do we share it?
His children were six men and four women.
Will grandchildren from his daughters have a share in the estate? If yes, will it be equal stake as the grandchildren from his male children?
Assist Thanks
JB
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. Under PNDCLaw 111, Grandchildren of a deceased intestate do not have an automatic right to inherit their grandfather. Grandchildren can only inherit the following circumstances, 1. the parent of the grandchild must have died before the grandparent, 2. the grandchild must be dependent on the grandparent whilst the grandparent was alive. If these two conditions are fulfilled, then the grandchild can inherit and would be entitled to get whatever the parent of that grandchild would have gotten from the grandparent. Where there is no surviving child, spouse or parent, then your only way to access would be through Customary Law. If your traditions allow grandchildren to inherit, then you may be able to successfully apply for L/A through the customary successor and share the estate in accordance with Customary Law.
So initially my father died when i was 12 and am now 22 so its been 10 years now leaving no will and his properties has been given to his nephew .I want to take up this issue to court since am not getting younger what are the steps i need to take to get my dads properties. Thank you
Hello Comfort,
Thanks for reaching out to us. We have responded to you privately by the e-mail you provided. We do not respond to personal legal issues publicly in the comments section.
Please use our WhatsApp platform or Ask A Lawyer contact form for personal enquiries.
Thank you.
Hello, my dad died six months back and left a will which stated in it that his estate in Kumasi shld be given to his children and a woman who will stay with him till his death. But the one he has in Accra which is near completion was not stated in the will. Now the woman and my other three siblings are overseas and my siblings have declared that they don’t need it. The head of the family has now decided to take the responsibility of the house and is saying that he will give me only one room since the room are seven and take care of the rest and for the one in Accra l don’t have any share in it and is now handing over the whole house to his nephew. He hasn’t even secured an LA from court but using his own volition to uphold all this. Last time l spoke with a lawyer about it and he was saying that to secure the LA l have to provide one of my siblings or the head of the family or the woman. But here is the case my siblings and the woman are not here in Ghana, and this family head is also not obliged to go. What do l do? They want to take what belongs to me. Does he even have the right to take over the whole estate in both Kumasi and Accra? I need your legal advice. Thank you.
Hello Mends,
Thanks for reaching out to us. We do not give legal advice publicly in the comments section. We have reached out to the e-mail you provided.
In the Ghana Law, it is a criminal offence to meddle with property of a deceased person without first obtaining Probate or L/A. The properties devised in a Will belong to the beneficiaries. Any other property not mentioned in a Will should be covered by the residuary clause in the Will, if there is no residuary clause then that property will be treated as intestate property and L/A must be obtained to administer it.
So who is responsible for sharing the 25% going to the extended family?
Hello Cecil,
Thanks for reaching out to us. The portion of the Inheritance property to be shared in accordance with Customary Law is usually given to the Head of Family or Customary Successor of the deceased. They are required to share it to the extended family members in accordance with the customary laws and traditions of the deceased’s tribe.
Hello, My grandpa die 3 years ago he left no will. My uncle obtained LA without informing my dad who lives in my grandpa’s house for over 40 years. The court didn’t paste any notice to inform my dad about the application of the LA.
My uncle claims he wants the court to use the PNDC law 111 to share the property. Because he tired to evict my dad from where he has stayed to a different part of the house and my dad refused.
Currently, the high court asked why my uncle’s is the only one using the LA and he was asked to bring it to the court. He has recently gone to revive the case again hoping that the PNDC law 111 will be used, so that my dad will lose his portion of the house.
What can we do about this?
Thank you for your time.
Hello Abraham,
Thanks for reaching out to us. We have responded to you privately by the e-mail you provided. We do not respond to personal legal issues publicly in the comments section.
So if there is no surviving spouse who takes that portion
Hello Sally, thanks for reaching out. Where there is no spouse, the 18.75% portion is added to that of the children. The children will then get a total of 75%. The distributions are all explained in the article.
If several buildings are dotted on the same piece of land (se 1-acre of land) and with the same house number, is it considered as one house per the law?
Hello Mr Okai,
Thanks for reaching out to us. It will depend on how the ownership of the property is legally structured. If it is one lease with one name, then it will be taken as one property belonging to the one whose name is on the lease. If the owner has transferred portions of the property to different persons, then even though there is one lease, the transfers will also confer ownership on the transferees. There are many different ways that Ownership can be structured so each case has to be dealt with on its own. With your question, it will depend on the way that the ownership of that one plot is structured. You can reach out to us on WhatsApp for further clarification.