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Requirements of A Valid Will in Ghana
The Wills Act, 1971 (Act 360) provides for the essential requirements of a valid Will in Ghana. The law also deals with other related matters.
You can buy a copy of the Wills Act, 1971 (Act 360) here.
A Will is a written legal document that lets a person decide how their properties are dealt with after death. A Testator is a person who makes a will.
Do I Need A Lawyer to Make A Will?
It is advisable to engage the services of a Lawyer to make a Will but it is not compulsory. If you possess the legal knowledge, training and experience, then you can make your own will.
Please note that it is a criminal offence for a person who is not a lawyer to prepare legal documents for another person. This means that you can prepare your own legal documents if you have the knowledge and experience to do so, but only a licensed Lawyer may prepare legal documents for another person.
Cost of Making A Will in Ghana
The costs involved in making a Will are in two stages. The Legal fee paid to your lawyer and the Registration Fee paid to Court for safe storage of the Will.
Legal Fee
The 2022 GBA Scale of Legal Fees provides the most current guide for legal charges in Ghana. The Ghana Bar Association determines the legal fees of lawyers. The Scale of Fees act as a guide for lawyers and clients.
The maximum charge for a simple Will is GHc6,000.00 and the maximum charge for a complex Will is GHc18,000.00.
Please note that apart from the main legal fee, hourly rates may also apply.
Registration Fee
The High Court charges a small fee of GHc50.00 for registration and safe storage of the Will. You will learn more about the registration later in this post.
Requirements Of A Valid Will
The Ghana Law will only recognize the validity of a Will if it is made in accordance with the Wills Act. The requirements of a valid Will under the Will’s Act are summarized below,
Capacity to Make A Will
The Testator must have capacity to make a Will. This means that the person must be of age and of a sound mind.
Age – The Testator must be eighteen (18) years or above at the time of making the Will. A will made by a minor is not valid in Law.
Sound Mind – The Testator must also be of sound and sober mind at the time of making the Will. This means that if the Testator is intoxicated, delusional or in any way mentally incapacitated at the time of making the will, then it is not valid.
In Writing
The Will must be in writing and signed by the Testator. If the Testator has more than one signature, then they should use their official signature to sign the Will.
There are some people who for some reason are unable to read and write, or sign a signature. Some other people may be unable to speak or write English. For such persons, they may engage a professional writer or translator to put the Will into writing for them. In this kind of situation, the Testator will have to thumbprint the Will. The professional will have to swear a Jurat next to the Testator’s Thumbprint.
Witnesses
Two (2) witnesses must attest the Will. The witnesses do not need to see or know the contents of the Will. They only sign to confirm that the Testator is truly the one signing the Will in the proper capacity. The witnesses shall attest and sign the Will in the presence of the Testator.
Executor
The Testator may appoint an Executor of the Will. The Executor has the responsibility to administer the Will and distribute the estate in accordance with the Will. The Executor should be a person who is at least twenty-one (21) years of age.
After Making the Will What Next?
Attachments
The Testator may attach other documents to the Will and properly name and identify them in the Will. eg., Site Plans, Indentures, Deeds etc.
Alteration
All alterations, modification or changes made in a Will will not have effect unless they are separately made in the same manner as the Will. This means that if it is detected that there are cancelations and other alterations in ink or writing over text which is already written, the changes will not be acknowledged, only the original text of the Will will be acknowledged.
Changes and alterations will be accepted only if they are made in a separate document in the same manner and by the same people as the original Will itself. A codicil can also be made to deal with such alterations. This is a separate document which incorporates the intended alterations.
Sealing
After the Testator and the witnesses have all signed the Will, it must be sealed. This is usually done in an envelope with a wax seal.
The reasoning is that after the demise of the Testator, when the Will is being read, the unbroken seal will be reasonable proof that the Will has not been tampered with.
The seal must therefore be well-done and durable. It must also be resistant to moisture damage and changes in temperature.
Custody or Registration of A Will
A Testator may deposit/register his own Will in the High Court of Ghana for safe custody. The Registrar will give the Will a registration number after a fee of GHc50.00 has been paid. The Will will then be deposited into storage at High Court.
After the death of the Testator, the family may write to the Registrar and arrange a Reading of the Will. This is a small ceremony at the office of the Registrar where the Will is unsealed and the contents will be read out for the first time.
If you have in your possession a Will belonging to a deceased person, the Ghana Law requires that you must deposit it with the High Court. You are given fourteen (14) days after the date of the death of the Testator to surrender the Will to the High Court. Failure to do so is a criminal offence and offender may be fined or jailed upon conviction.
Revocation
There are different ways of revoking a Will. The Testator may revoke the Will by,
- tearing, burning, shredding or by some other method destroying all copies of the Will with the intention of revoking it.
- directing another person to destroy the Will in the presence of the Testator and with the intention of revoking it.
- a written declaration of the intention to revoke the Will which must be made in the same manner as the Will.
- making another Will and revoking all previous Wills in the new Will.
Video Will
Inheritance litigation is rampant in Ghana in recent times. Dis-inherited family members are known to arbitrarily challenge the validity of a Will. Sometimes without any factual or legal basis. In some cases, this leads to prolonged litigation and the estate is left to waste whilst the family battles in Court.
As a counter to this, some Lawyers have developed a practice of adding a Video Will as a companion to the written will. The idea is to strengthen the credibility of the written will in the event that it is challenged after the demise of the Testator. Therefore, the Video Will is not one of the requirements of a valid will but may support a valid will.
A Video Will usually captures the Testator identifying himself, reading the contents of the written Will out loud, confirming that he endorses the same, and then signing the Will with his signature. The video will should also capture the witnesses identifying themselves out-loud and signing their respective signatures.
The intent is that if the written will is ever challenged, upon production of the video will, all opponents will be effectively silenced.
Please note that a Video Will is not full proof, there are legal and procedural techniques that may be used to discredit even a Video Will. This means that the Video Will must be made to measure up to standard and cannot just be an amateur recording.
Conclusion
Like all laws, there are varying exceptions to these basic requirements of a valid will. Every situation is unique and the Courts will determine every dispute or question on its own merits.
However, the Wills Act, is a standard and provides the criteria for assessing whether a Will is valid or not.
79 Comments
I want to make a will. This will contain something very important to me. I want to be cremated when I die, I don’t want my body to be buried. I need to put it in writing, do I need a lawyer to sign it for it to be a compulsory or legal document?
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. A Will is not considered a legal document in the Ghana law. So you do not need a lawyer to sign or prepare one for you. However, a Will must be valid and made in accordance with the Wills Act of Ghana to the prescribed format. So it is usually recommended that one engages a lawyer to make a Will.
Can a couple do a joint will?
Is joint Will 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. A Joint Will will be acceptable if it is valid and made in accordance with the Wills Act of Ghana. However, it is more secure if each individual makes their own Will, even if the contents are the same
Hello,
I have two questions. Is it possible that in a will only an executer of the will is appointed and that the assets are mentioned without allocation to any beneficiaries. So the executer can decide? And a second small question… when the will is made by a lawyer is the signature of two witnesses also mandatory?
Thanks in advance!
Wim
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. A layperson who prepares a Will may do it like that. If a Lawyer or other professional is involved, then it is not likely that they would prepare it in that way. Most professionals will insist that each property is devised to one or more named beneficiaries. The attestation by two (2) witnesses is always a necessary requirement. If it is absent then the Will is no longer valid.
Please LexisGH
My father have an uncompleted house at awoshie and one land at Kasoa,My have have die but when he was alive he told me if he die i should sell the Kasoa land with my junior brother so his first wife and their child and at Awoshie that uncompleted house so when my father was alive he sell that land at Kasoa to complete the Awoshie house so please if my father did a will before he dies for example what he told me that I should sell that land at Kasoa means there belongs to i and my bro but now he sell to complete his Awoshie house for his first wife is it possible to get a room at Awoshie side
And I want to know if he did a will that I and my bro Kasoa land for us and Awoshie house for his wife but now Kasoa land is no longer there so will we get something at Awoshie side
If there is a Will, then only what is in the Will shall be applicable. Anything that is not in the Will shall not be granted.
Which kind of envelope is required to seal a Will
Since you have quite a number of questions, and you are unable to afford a lawyer, I will recommend that you visit the nearest office of the Legal Aid Department.
Is it necessary to include documents of a house you owned
Since you have quite a number of questions, and you are unable to afford a lawyer, I will recommend that you visit the nearest office of the Legal Aid Department.
Please can you help my father prepare his will by guiding him, because we can’t afford the services of a lawyer. Also where can we get the red seal and which envelope is required
Yes, it is not compulsory to use a lawyer to do a Will. However, if it is not done up to the right legal standard, it may be invalid. It is advisable to always use a lawyer for legal services. If you cannot afford a lawyer, you can visit the nearest office of the Legal Aid department. They have lawyers there who offer free legal services.
Hi LexisGhana
I’m Eunice and my father passed away 2023 December and it happened that he prepared a Will but never deposited it because he never wanted to validate it.
Someone in the house who had access to his documents found that Will went and deposit it at the High court, back dated the time of the deposit as the time of that said Will was prepared in 2010 and impersonated the lawyer he helped our father to prepare that said Will as the depositor.
Is this a crime and do we have a case to contend this said Will to be nullified as the said lawyer has made it clear to us that he never deposited any Will on behalf of our father. Thank you
Please take note that we cannot give legal advice on this platform. We can only help you to understand generally what the law says about a given subject. You may have a good reason to challenge the validity of the Will. Because if the lawyer says he never deposited any Will, then it may be plausible that the Will is not valid. You need to engage the service of a lawyer to help you have a good assessment of your situation.
Hello Lexix Gh,
My Dad made will and told me he deposited one at the court. We later found a copy/original in his things. Now we do not know the lawyer who prepared it nor who was appointed as executor.
My question is how do we find the executor, can we open the will we found to know who that is or what do you suggest? Thank you
You may not open the Will, it is a criminal offence.
It is also a criminal offence to keep the Will for more than 14 days after the death of the Testator, it must be immediately deposited at the High Court and request for a reading of a Will.
The High Court Registrar will arrange a meeting and invite all the key members of the family before he will unseal the Will and read it.
Can a family member (for example,
child) of a deceased Testator apply to the high court for the reading of the will after a search has confirmed the availability of one or the application can only be done by a licensed lawyer?
It is not compulsory to engage the services of a lawyer for any legal service, but it is strongly recommended. SO the family can apply directly. The reading of the Will may not be performed for a single family member though at least the key members of the family should be present.
Good morning sir, pls i want to find out after reading the will at the high court does the lawyer or the state have % in the properties in the will..??
The charges for reading of a Will are very minimal just about GHc100 – GHc150. There are no percentage charges at the reading of the Will. The lawyer will charge a legal fee for providing legal services to you. The legal fee is in accordance with the Ghana bar association scale of legal fees and it is based on the value of the properties in the Will.
It is not compulsory to engage a lawyer for reading of will or probate. After the Probate is granted, the court will charge a 3% fee on the value of the estate before releasing the probate to the executors.
Hi,
Is it possible for an original Will which has been deposited to the Ghana high court be taken back out of the high court if it is needed in another country (due to assets outside of Ghana)?
If so, would this be a straightforward or complicated process?
I am aware that the Courts usually keep the original copies of the Will, and only issue out certified true copies to the general public.
Hello
Please can the Court assist in the making of a Will?
A person can prepare their own Will or engage the services of a professional to assist in preparing a Will. However, the Will must be made in accordance with the Will’s Act to be valid and so it is strongly recommended that one engages the services of a competent Lawyer for making a Will.
Dear Sir / Madam
Please Our Mother never did a Will Before she pass On Nor Later of Administration ,But someone Own her Money whish was supposed to be paid to Her before she Died ,Now that Our Morther has passaway and the man to pay Us the money he said we should go and bring Later of Administration were by we dont have one what can we do and the money that they want to pay to us is not good what do the law talk about this . please Help us
Only the one who has letters of administration can go to claim the debts of the deceased.
Please my father did not leave a will before he died. My question is can my mother do the will
No, only the owner of a property can make a Will to devise that property to beneficiaries. A living person cannot make a Will on behalf of a dead person, it is illegal and can lead to imprisonment. If a person dies without a leaving a Will, then PNDCLaw 111 will be used to share the properties.
Thanks for the great insight. Can a will be read in a magistrate court?
No, only the High Court is authorized to deal with storage and reading of Wills under the Wills Act.
Please can a will, been made in a particular year e.g (2020) by the teastor be update in another (2023)…will it be attached to the previous will(2023) or the old one has to be withdrawn am make a new one in the current year
A Will may be updated. An update to a Will is called a Codicil. The codicil is usually attached to the original Will. Sometimes, instead of updating the Will with a codicil, some people will destroy the old Will and make a new Will altogether.
How long does it take to read or declare a will of a deceased
May take a few days for the Court Registrar to organize and invite the family to attend the reading of the Will. The amount of time is takes to read the Will depends on the contents of the Will. A very long Will may take a longer time to read than a shorter one. However, it is usually completed within a few minutes or hours at the Court Registrar’s office.
Can it happen that a Testator will leave a copy of his will in a magistrate court and after his death the surviving spouse hints the family about the will at the magistrate court. When it is finally read and everything is given to the surviving spouse, the surviving spouse then approaches a family member of the Testator demanding for documentations to the properties so willed
Anything can happen. However, before the properties in a Will can be transferred to the beneficiaries, the Executor named in the Will must obtain Probate. It is a criminal offence to deal with the estate of a deceased person without first obtaining Probate or Letters of Administration as the case may be.
Pls my late father left behind a will directing that his house should be given to his wife and children (the children are from different mothers). Now the wife and 4 of the children have decided to sell the house but the other 2 do not want to sell because one of them stays in the house.
What should we do to be able to sell.
Can we sell with out their consent.
Please note that we do not give legal advice on this platform but we can only help you to understand what the law says about a given topic. This kind of conflict usually happens a lot with jointly owned properties. Usually when it goes to court, the outcome is that if the majority of joint owners want to sell, then the other owners have to buy out those who want to sell. SO if there are three owners, and two want to sell, the property will be valued and the one owner will have to pay off the other two with 66% of the value.
Pls I want to know how rich do one has to be before he or she can make a will
Hello Amanyo, Thanks for reaching out to us. A Will can be made at any point in life. No need to be rich before. Usually, the Will is made to deal with all the money and property, even if it’s just one property or land. Then every five to 7 years, there should be a review, if the situation has changed then the Will is updated
Thank you for another wonderful article. Where else could anybody get that kind of information in such a perfect approach of writing? I have a presentation next week, and I am on the look for such info.
Does it mean when Testator writes his will n just deposit it at say document in his workplace, in his absence it will not be valid bcus it wasn’t signed by witnesses or did not contact a legal representative before writing the will?
Hello Ernest, Thanks for reaching out to us. If the Will is not signed by any witnesses, then it is not valid. However, it can still be a valid Will, and just left at the workplace instead of the Court. Any person who finds a Will of a deceased person is required by law to submit it at the nearest high court within fourteen (14) days. Failure to do so can lead to imprisonment, fine or both.
Hi, please I was employed by a kiosk owner in 2005 where I consulted a professional Lawyer who was my Lecturer and made a written agreement where both parties signed. Over the years we made other agreements but only I signed but copies were being taking to my shop owner whenever due. However, in 2019 he called me to his other shop and said emphatically that he’s giving his shop to me so I should take good care of it if not later I’ll incur cost if not repaired occasionally.
Unfortunately, at that time he was sick and had gone partially blind. So, he told me to make written documents so he could thumprint… whilst keeping a recording of this new agreement for future reference. He even stated that I should write that he had sold HIS kiosk to me for a certain amount.. he gave the dates, etc. that I insert in the agreement.
Sadly, his illness became very severe (kidney failure, glaucoma, a swollen leg etc).. and later really cried to me that I should make accounts of all my repairs and then said I should pay a certain rent to help him cure his illness. (He really cried that he had no one or any where to go and needed my help).. I wrote everything down and gave him some fresh payments again with the clause that.. “this new agreement is made becuase of my ill health” .. he didn’t sign only I.
He unfortunately passed away in March 2021.
The issue is that her Elder sister and children have sent me a note to evacuate from the shop..
However, an attendant who cared for the shop owner said in public that my shop owner told her “they should give the shop to me” before he died.
He had no wife, children, parents but only an extended family.
Please, I need your advice.
Hello F2, Thanks for reaching out to us. We have responded to you by the e-mail you provided.
Does the payment of deposited Will will be based on the number of the properties you have?
Hello Atta Wasky, Thanks for reaching out to us. no it is not. The registration fee for depositing a Will is a small administrative fee which is paid for depositing the Will. It is a fixed fee and it does not depend on the value of estate.
Hello sir please can a video be taken by the Testator and place on a drive and kept with the high court
A Video Will on a pen drive is acceptable only if it is accompanied by a Will.
Can a will be read at home?
Dear Bernard, Thanks for reaching out to us. It is possible to make private arrangement with the Lawyer of the deceased to have the WIll unsealed and read a second time at home. However, this can only be done after the reading of the Will has been completed at the High Court by the Registrar.
Can a man without a wife will his only house to his children and his (man) sister children because he made wealth from their family cocoa farm?
Hello Felix, Thanks for reaching out to us. The legal owner of a property can Will it to whoever he wants. So the answer is yes. The one who owns the property can do whatever he wants with it in a Will.
Please how do I know if my deceased father made a will or not since he had no lawyer when he was alive ?
Hello Kitison Donkoh,
Usually, if there is a Will, the spouse, relative or close friend of the deceased will know about it. If no one comes forward with that information, then it is likely there is no Will. However, a search can be conducted at the registry of the nearest High COurt with the full name of the deceased to check if a Will is deposited there.
If a willmaker dies and before the will is read, does the exteneded family have the right to temper say sell or take some of the properties of the dead.?
Example a willmaker extended family have informed the widower to stay away from the cocoa farm of the willmaker. They are saying they are going to sell the harvest of the cocoa for processing of the will to be read? Is it allowed
Thanks for reaching out to us.
It is a criminal offence for anyone to meddle with the property of a deceased person without first obtaining Probate or LA. The offender may be imprisoned or fined, or both.
The reading of the Will is done by the Registrar of the Court and after that you can find a lawyer to help you get Probate or LA.
Please how does the seal looks like or any seal can be used
In Ghana a seal is usually red wax that is melted onto the edges of the envelope. Any other suitable red adhesive may be used as a seal.
Please, Is it possible to apply for a copy of the will after it has been read at the court?
Hello Victor,
Thanks for reaching out to us. Yes, after the reading of the Will, the lawyer, executor andd/or beneficiaries may request for a certified true copy of the Will and the Registrar will issue it after payment of some fees.
Hello, please may I know if you can include properties which is yet to be acquire to your will , or is only available properties? ( By saying, add any properties achieved after my will ) thank you
Hello Abigail,
A Testator cannot Will property which he does not own to a beneficiary. Every property in the Will must belong to the Testator. There is a way to include properties yet to be acquired in a Will. It is done by inserting a “residue clause” into the Will. The residue clause determines what happens to all the properties that are not mentioned in the Will but which exist and belong to the Testator at the time of death.
As the child of a deceased parent how can I view her will she made?
Hello Mr. Safo Owusu,
Thanks for reaching out.
There are a few options available to determine where or if a deceased person made a Will.
1. Usually the deceased would inform the executor or a trusted person of the will at the time it is made so that person ought to announce the existence of the WIll to the family.
2. The lawyer of the deceased may also have a copy of the Will
3. A formal search at the Registry of the nearest High COurt may also reveal if there is a Will.
Once the Will has been traced, it will be unsealed at the High COurt for the first time and read to the family members. Then copies can be made available.
Hello
My dad left a will sharing all properties among us and our step mother however my step mum insist the school handed over to all of us is registered in her name so she wants to claim it all.
Can a registration of a company surpass a written will.
Thank you.
Hello Derek,
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.
I would be glad if you could contact me to assist me to prepare my Will.
Hello Mr. J. T. Korletey,
Thanks for reaching out to us. We will be very glad to assist you.
We have sent you an e-mail.
Hello, my late father who died in Germany without a will had an estate in Ghana. His elder brother who is now the head of the family has decided to hand over this estate to one of their nephews. I want your legal advice. Thank you.
Hello Mr Otoo,
Thanks for reaching out to us. We have responded to you by e-mail.
Hello, my late father who died in Germany without had an estate in Ghana. He elder brother who is now the head of the family has decided to hand over this estate to one of their nephews. I want your legal advice. Thank you.
Hello Justice,
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.
I want u to guide and help me out in the will my grandpa wonna do for me
Hello Mr. Nyarko Patrick,
Thanks for reaching out to us.
We will contact you by e-mail.
Please note that it is a criminal offence for a person who is not a lawyer to prepare legal documents for another person. This means that you can prepare your own legal documents if you have the knowledge and experience to do so, but only a licensed Lawyer may prepare legal documents for another person.
This is true- but a will is not a legal document. Under the Legal Profession Act, 1960 (Act 32), a will is not a legal document and hence a non-lawyer is at liberty to prepare one for himself or for another upon request.
Hello Yaw,
Thanks for reaching out to us.
Kudos on the great work that you guys at superlawgh.com are doing for Ghanaians.
You are correct, Wills are excluded in the definition of “legal document” under Act 32.
However, I disagree that “a non-lawyer is at liberty to prepare [a Will] … or for another upon request”. The Ghana Law does not say that. I respect it as your opinion of what Act 32 means though.
The law specifically provides for non-literates, blind or otherwise differently-abled persons to have Wills and other documents put into writing for them by non-lawyers. There are a few other specific legal provisions like this. Apart from these, I don’t think non-lawyers are given liberties to prepare Wills in the way you suggested. Lets encourage our readers to always engage legal professionals for legal services so they can avoid certain damages/liabilities.
Thanks again for reaching out. I hope lexisghana.com and superlawgh.com can collaborate on some joint projects in the future.