Quick Answer
In Ghana, a Will is only valid if it complies with the Wills Act, 1971 (Act 360). It must be in writing, made voluntarily, signed or endorsed correctly, and witnessed correctly.
Key Takeaways
- Many inheritance disputes begin because a Will was improperly prepared, witnessed, or stored.
- A valid Will in Ghana usually requires capacity, writing, signature, and proper witnesses.
- Improper execution may create serious disputes after death.
- Registration and safe custody can help reduce future conflicts.
- Courts may examine surrounding evidence where the validity of a Will is challenged.
- Clear drafting and proper legal guidance may help avoid avoidable inheritance disputes.
The Value of a Strong Valid Will
Some Wills are actually fake, forged or not valid in some dishonest way. However, many inheritance disputes in Ghana begin not because of a forged Will but because a genuine Will was poorly prepared. This may happen because the one preparing the Will does not follow strict protocols. The Will ends up being poorly drafted, witnessed or poorly handled, and open to challenge. The simplest lapse in the drafting or preparation process can create mistrust between family members when the time comes for inheritance.
A valid and strongly made Will can provide legal clarity, reduce uncertainty, and help ensure that a person’s wishes are recognised after death. It may also reduce conflict between surviving family members and simplify the administration of the estate.
Ghanaian law requires certain legal formalities to be satisfied before a court will recognise and enforce the Will. The important elements: mental capacity, signatures, witnesses, alterations, and improper execution can all affect the validity of a Will later.
This is why understanding the legal requirements of a valid Will is important. It helps to establish trust and confidence long before any dispute arises. A mistake made during preparation may only become visible years later. It may be too late when the person who made the Will is no longer alive to clarify their intentions.
Requirements of a Valid Will in Ghana
A Will is only valid if it satisfies the requirements of the Wills Act, 1971 (Act 360). The requirements are not only about the content of the Will but also about how it was prepared, signed, witnessed or stored. Even where the contents of a Will seem clear, problems with its execution or attestation may later create disputes about the validity of the Will. It is worth noting here that there are many factors can affect the validity of a Will. This list is not exhaustive.
What Makes a Will Valid in Ghana?
Courts may examine the preparation, execution, witnesses, and surrounding circumstances of the Will before recognising it as legally valid.
Capacity
The Testator must be of age (18+ years) and sound mind at the time of making the Will.
Writing
To be valid, the Will must be in writing that is clearly expressed and legible.
Signature
The Will must be signed or properly endorsed by the person making it (Testator).
Witnesses
It must also be signed/attested by two (2) witnesses present at the same time.
Mistakes, alterations, corrections, or unclear changes may later create disputes about the validity of the Will. These should be properly endorsed or avoided altogether. For complete peace of mind, consider seeking formal legal guidance when drafting or updating your Will.
Capacity
Rule:
The person making the Will must be an adult (18+years) and have the mental capacity to understand the nature and effect of the document they are signing.
Practical meaning:
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.
Common issue:
Disputes sometimes arise where the Testator was seriously ill and hospitalized at the time of signing the Will. They could also be elderly and mentally deteriorating but with moments of lucidity. It is therefore good to anticipate such issues at the preparation stage and put in safeguards.
Writing
Rule:
A valid Will is generally expected to be properly written and clearly expressed.
Practical meaning:
The document should clearly and legibly express the intentions of the person making the Will. beneficiaries should be identified by correctly spelled names. Aliases and relationship may be mentioned for better identity. e.g. I give house “X” to my son, Kofi Mensah aka Koo Mensah.
Common issue:
Poor drafting, vague language, contradictory clauses, or informal homemade documents may later create confusion or disputes among beneficiaries. Many disputes have lasted several decades because the family could not agree whether “family” meant nuclear or extended family. Clarity of writing, language and expression can help prevent these things.
Signature
Rule:
The Will should normally be signed or properly marked by the Testator.
Practical meaning:
The signature or mark helps confirm that the document was personally approved by the Testator.
Common issue:
Unsigned documents, incomplete signatures, disputed signatures, or cancellations/alterations may later affect the validity of the Will.
Witnesses
Rule:
Witnesses must properly attest the Will during execution.
Practical meaning:
The witnesses help confirm that the person signed the Will voluntarily and appeared to understand what they were doing. Attestation means the witness swear that they were present together at the same time and saw the Testator signing the Will and that he appeared to be of sound mind.
Common issue:
Improper witnessing procedures, absent witnesses, or disputes about who was present during signing may create later challenges to the Will. A Will may be invalidated because one witness received a phone call at the time of signing and stepped out to receive it.
Voluntary Intention
Rule:
A valid Will should reflect the free intention of the person making it.
Practical meaning:
The person should make decisions voluntarily and without improper pressure, coercion, or manipulation from relatives or other individuals. Sometimes people present may try to make suggestions to testators during Will preparation, this is unprofessional. Lawyers may clarify the law and explain potential legal consequences but not to suggest distribution.
Common issue:
Family disputes sometimes involve allegations that the deceased was pressured, controlled, isolated, or improperly influenced when preparing the Will. A careless comment or statement might be interpreted as undue influence and invalidate a provision of a Will.
Proper Execution
Rule:
The legal formalities for preparing and executing the Will must generally be followed correctly.
Practical meaning:
Even where intentions are genuine, procedural mistakes during preparation or signing may later create legal complications.
Common issue:
Alterations after signing, missing pages, unclear corrections, damaged documents, or improper storage, missing dates may later raise questions about authenticity or validity. One common issue is where all old copies of a former Will are not destroyed and then they show up later and compete with later Wills.
Every family’s situation is unique, and even minor procedural mistakes can invalidate a Will. If you are unsure whether a document complies with the Wills Act, 1971, it is strongly recommended to have it reviewed by a qualified legal professional to prevent future disputes.
What Happens After the Will Is Made?
Making a Will is only one part of the process. Questions involving registration, storage, access after death, and surrender obligations may later become extremely important. Many inheritance conflicts begin not because a Will was invalid, but because nobody knew where it was kept, the document was unsealed unlawfully, or disagreements arose about access. This is why proper custody and administration of the Will may become just as important as the drafting process itself.
Custody/Registration of A Will
Practical point:
Some Wills may be deposited or registered for safe custody after preparation. 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.
Why this matters:
Registration or official custody arrangements may help preserve the document and reduce the risk of loss, destruction, or concealment after death.
Common issue:
Family members sometimes discover after death that nobody knows where the original Will is located, is is completely destroyed by rodents or damp and mould. There may also be multiple copies with minor but impactful variations. The Will should be properly sealed and stored in a dry safe place. Registration at the high Court may help authenticate validity where multiple copies exist.
Reading of the Will After Death
Practical point:
After death, the Will becomes relevant during probate or estate administration proceedings. 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.
Why this matters:
The contents of the Will help determine who administers the estate, who benefits, and how property is distributed. Sometimes the Will may contain funeral or burial instructions.
Common issue:
Disputes sometimes arise where different family members claim different instructions existed, beneficiaries disagree about interpretation, or allegations are made that pages were altered or removed.
Obligation to Surrender the Will
Practical point:
A person who possesses the original Will after death has legal responsibility. The person is required by law to produce the Will to the family and submit it to the High Court within 14 days.
Why this matters:
Concealing, withholding, or improperly interfering with the Will may later complicate probate proceedings and increase family conflict. It is also a criminal offence punishable by fines, jailtime or both.
Common issue:
Inheritance disputes sometimes escalate because the original document is withheld, access is delayed, or family members distrust the person holding the Will.
Common Mistakes & Frequently Asked Questions (FAQs) About Wills in Ghana
How much does it Cost to make 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. According to the 2022 GBA Scale of Legal Fees, the maximum charge for a simple Will is GHc9,000.00 and the maximum charge for a complex Will is GHc18,000.00. The High Court charges a small fee for registration and safe storage of the Will.
How can an illiterate, blind or disabled person make a Will?
There are people who for one reason or the other are unable to see, read, write, or sign a signature. Other people may be unable to speak or write English. Such persons may engage a qualified professional to put the Will into writing for them. Such a Testator may have to thumbprint the Will. The professional will have to swear a formal jurat on the Will. This will be in addition to the normal requirements
Can I write my own Will? Do I need a lawyer to make a Will?
Many say it is advisable to engage the services of a Lawyer to make a Will but it is not compulsory. If you possess the proper knowledge then you can make your own will.
What if I record everything on Video? Is that better than signed paper?
No. A video has not yet been determined to be a valid replacement for a written Will. Some testators add 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 death of the Testator.
Common Mistakes & FAQs Continued
My father left a typed Will but there are pen writings in it. Is it valid?
Any alterations or changes made to a Will shall not take effect unless they are separately made in the same manner as the Will. This means that if there are cancelations and other alterations in ink or writing over text, the changes will not be acknowledged. Only the original text of the Will will be acknowledged. Changes will be accepted only if they are made in a separate document in the same manner as the original Will itself.
Can a Will be changed later?
Yes. A will can be changed. All the existing copies of the old Will must be withdrawn from the High Court or any other place where they are kept and destroyed and then a New Will can be prepared to replace it.
How do we locate the Will?
To locate a Will, first search the deceased’s personal documents, home, office, and any external deposit boxes. Second, contact their lawyer, as legal practitioners keep copies of the original Will. You may also enquire from spouse, adult children, uncles, parents, close friends and family or the larger family. Final place will be the Registry of the High Court. If all these sources prove futile, then it is likely there is no Will.
What if we don’t find the Will? Where the Will is too damaged?
If the original Will is completely lost or severely damaged, the court may legally presume that the deceased intentionally destroyed it to revoke it. However, if you can prove the Will was lost or damaged accidentally (such as in a fire) or after the person died, the court might allow a certified copy or the lawyer’s original draft to be admitted to probate. If no valid copy can be proven, or if no portion of the Will can be discerned at all, then the deceased will be considered to have died intestate, and the estate must be distributed according to the strict legal percentages of PNDCLaw 111.
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.
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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We are six siblings (3males and 3females). My late Dad left a house and a printing press business per the will. Unfortunately we lost our mom a year ago
Things have been rocky since my Dad’s demise
I am a twin to one of the 3brothers. My twin who recently got married is occupying a space(store) in the house (with the wife and a step child) purposely meant for printing business . We didn’t consent to that anyway. Same brother who out of his own will agreed to work in the company , is attaching conditions to the will left by my late Dad.
1. None of us is entitled to any allowance whatsoever if you are not physically involved in the business
2. You are equally not entitled to anything if you are married
He’s not been accountable about the business to any of us (including my late mom) since 2018
He feels directely attacked and offended when asked to render account to us .
What do you advise since he’s refused us total access to the business ?
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