The legal framework
PNDCL 111, the Intestate Succession Law 1985, was a deliberate break with customary succession, under which a man's self-acquired property passed to his matrilineal or patrilineal family rather than to his widow and children. It gives the surviving spouse and children the household chattels and one house absolutely, then divides the residue mainly between them, with smaller shares to the parents and the customary family. The Wills Act 1971 allows testamentary freedom, subject to a court's power to make provision where a dependant suffers hardship.
In Ghana the decisive question is usually not who inherits but whether the property can be transferred. Land held without a registered title, or held in undivided family shares, cannot be dealt with however clear the entitlement.
Widows remain the most exposed group. Where the deceased's relatives remove property or occupy the home, the legal answer exists but requires going to court quickly; the practical answer is a will and a registered title made during the owner's lifetime.
For families with members abroad, remittances often paid for the property while the title stayed in one relative's name. That mismatch between who paid and who is registered is the single most common source of inheritance disputes in the diaspora.
Key points
| Statutes | Intestate Succession Law 1985 (PNDCL 111); Wills Act 1971 |
|---|---|
| Spouse and children | Household chattels and one house absolutely, plus the larger share of the residue |
| Customary family | Retains a small residual share |
| Wills | Permitted; section 13 allows provision where a dependant suffers hardship |
| Ejection | Criminal offence to eject a spouse or child from the matrimonial home before distribution |
| Letters of administration | Granted by the High Court or circuit court |
In practice
- Obtain the death certificate and establish which system of succession applies.
- Apply for probate or letters of administration at the competent court.
- Inventory the estate, including land, and check that titles are registered.
- Advertise for creditors and settle debts before any distribution.
- Distribute according to the statutory shares, and record the distribution in writing.
Cost and coverage
Court and registry fees are modest. The heavy costs are lawyers in contested estates and the surveying and titling of land that was never registered. Families who regularise a title while the owner is alive spend a fraction of what their children will spend afterwards.
Recent changes
Proposals to replace PNDCL 111 with a modern Intestate Succession Bill, increasing the spouse's share and covering cohabitants, have been before Parliament for several years.
Where to go
- Probate registry of the High Court or the competent lower court
- Administrator General or public trustee, where one exists
- Lands registry, for the transfer of immovable property
- Legal aid or law society referral, for families without means
- Civil registry, for the death certificate and proofs of relationship
Worth knowing
Ejecting a surviving spouse or child from the matrimonial home before the estate is distributed is a criminal offence under PNDCL 111.
Frequently asked questions
Who inherits if there is no will?
The statutory shares set by the applicable Act: the surviving spouse and children first, then parents and other dependants.
Can a widow be evicted from the family home?
No. In each of these jurisdictions the law protects the surviving spouse's occupation, and in some it is a criminal offence to interfere.
What if the land has no title?
The succession cannot be completed until the title is regularised. That is the first step, before any distribution.
Does a partner who was never married inherit?
Only where the law recognises cohabitants, and usually by making a claim to the court rather than as an automatic entitlement.
Official sources and links
- Ghana.gov — official government portal