Making a valid will in Ghana
The formal rules under the Wills Act, and what happens to property when someone dies without a will.
· 2 min read
A will lets you decide who receives your property. In Ghana the rules are in the Wills Act, 1971 (Act 360).
The formal requirements
- You must be at least 18 years old and of sound mind.
- The will must be in writing and signed by you, or by someone else in your presence and at your direction.
- Two witnesses must be present at the same time when you sign, and each must sign in your presence.
Do not let a beneficiary witness
A gift to a witness, or to a witness's spouse, generally fails. Use independent witnesses.
If there is no will
When a person dies without a will, the Intestate Succession Law, 1985 (PNDCL 111) decides how certain property is shared between the surviving spouse, children, parents and the customary family. The rules can produce results the deceased would not have chosen, which is why a will is worth making.
Keep it safe
A will can be deposited with the High Court registry, and you can change or revoke it at any time while you have capacity.
Sources
- Wills Act, 1971 (Act 360)
- Intestate Succession Law, 1985 (PNDCL 111)
- Judicial Service of Ghana
- GhaLII, Ghana Legal Information Institute (texts of Ghanaian statutes and judgments)
This article is general information about Ghanaian law, not legal advice. Speak to a lawyer about your own situation.
This article is general information, not legal advice. Please contact us about your own situation.
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