Intestate Succession in Ghana
When a person dies without a valid will in Ghana, the Intestate Succession Act, 1985 (PNDC Law 111) determines how the estate is distributed. This law applies to ALL Ghanaians regardless of ethnic group or religion.
How the Estate Is Distributed
If Survived by Spouse and Children:
- Spouse: 3/16 of the estate
- Children: 9/16 of the estate (shared equally)
- Surviving parent: 1/8 of the estate
- Customary family: 1/8 of the estate
If Survived by Spouse Only (No Children):
- Spouse: 1/2 of the estate
- Surviving parent: 1/4 of the estate
- Customary family: 1/4 of the estate
If Survived by Children Only (No Spouse):
- Children: 3/4 of the estate (shared equally)
- Surviving parent: 1/8 of the estate
- Customary family: 1/8 of the estate
Important: Household Items
The PNDC Law 111 Section 4 states that household chattels (furniture, appliances, etc.) do not form part of the estate. The surviving spouse or child who was living with the deceased has the right to these items.
Common Problems Without a Will
- Family disputes: Arguments over who gets what - can last years
- Property seizure: Extended family takes property before legal process completes
- Children left out: Children from different relationships may be excluded
- Business collapse: No one authorized to run the deceased's business
- Bank accounts frozen: Funds inaccessible until Letters of Administration granted
- Land disputes: Multiple family members claim the same property
What You Need to Do
- Secure the estate - Change locks, secure vehicles, inform banks
- Get death certificate - From Births & Deaths Registry
- Identify all assets - Land, bank accounts, businesses, vehicles, investments
- Apply for Letters of Administration - Through the High Court
- Distribute according to law - Follow PNDC Law 111 fractions
Timeline
Simple estates (few assets, no disputes): 3-6 months
Complex estates (multiple assets, family disputes): 6-18 months
With active litigation: 1-5+ years