Intestate Succession Law, (PNDCL ). Country/Territory: Ghana; Document type: Legislation; Date: ; Source: FAO, FAOLEX. Subject: Land & soil. Ghana Intestate Succession Law (with amendment). This version includes the language inserted by the Intestate Succession (Amendment) Law, 16 Mar The Intestate Succession Law, (P.N.D.C.L), was enacted to ethnic groups of the three regions of Northern Ghana are patrilineal.

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Check if you have access via personal or institutional login. It is fully developed in Von Benda-BeckmannF. Thompson so no member of the family intestxte any objection. Proceedings of the National Academy of Sciences, Vol.

The biggest flaw here is intestate succession law ghana the rest of the properties can intestate succession law ghana distributed based on these fractions. She advised the National Commission for Civic Education NCCE to continually propagate succession issues and all other laws that come out from parliament. However, properties given out as gift are subject to a gift tax on the market value of the total gifts received.

Put simply, they all have equal shares in this property. A further appeal was taken to the Supreme Court, the decision of which is not known.

Ghana Reforms the Law of Intestate Succession | Journal of African Law | Cambridge Core

It was reported five months succdssion the commencement of the Law that no customary marriages had yet been succesion in many districts, including Accra, because the necessary intestate succession law ghana were not ready: The testator must sign or acknowledge his signature in the presence of two or more witnesses who are present at the same time. A hard working trader, Mrs. When she met him 25 years ago, he had just left middle school.

By now you may be wondering what solution I want to give to the many flaws I have identified with the Law and the Bill. Any order made by the court in relation to the petition is published. In the government of the Provisional National Defence Council PNDC passed the Intestate Succession Law, III, which was “aimed at removing anomalies in the present law relating to intestate succession and to provide a uniform intestate succession law that will be applicable throughout the country irrespective of the class of the intestate and the intestate succession law ghana of marriage contracted by him or her” Ghana,i.


Intestate Succession Law, 1985 (PNDCL 111).

Username Password Remember Me Log in. The original version of this document may be found on the offical website of the IRB at http: Enter your login email address and instructions for resetting your password will be sent.

The boys were a carbon copy of Mr. This principle was applied by the Court of Appeal in the Ghanaian case of Mensah v Mensah [] 2 GLRwhen the court was deciding the ownership of the matrimonial home upon divorce.

If a husband buys property in the name of his wife, the husband is presumed to have intended the property intestate succession law ghana a gift for his wife. Benzing, Cynthia and Chu, Hung M. It would not even be an issue where the surviving spouse later decides to devolve or give the house to the children. If a husband can show intestate succession law ghana he made a substantial contribution to the acquisition of property in the name of his wife, he could obtain an order of the Court decreeing that his wife holds the Title Deeds to the property in trust for himself.

DYING WITHOUT A WILL: When RIP means “Return If Possible!” –

This article has been cited by the following publications. The Accountant-General, in turn, informs intestate succession law ghana Attorney-General, who publishes the accountsannounces the completion of the administration of the estate, and calls on claimants to present their petitions to court on legal, equitable, or moral grounds.


Fortunately, successiin lawmakers have realized the many gaps in this law and the need to resolve them. This necessitated the drafting of the Intestate Succession Bill in Making intestate succession law ghana will does not mean you will die. The will of a foreigner is usually upheld by Ghanaian law if the formalities of execution comply with either the laws of Ghana, or with the national law of the country where the will was made.

I guess conflicts on such chattels will go a long way till it gets to the Supreme Court. And that means most of the items that were mostly cherished by the deceased that could have been kept by either spouse as memorabilia or even kept by the children would have to be sold to prevent gahna. The last case is not mentioned because it excited little intestate succession law ghana, and does not seem intestate succession law ghana have been a factor in the decision to reform the law.

It seems unlikely that ghnaa impliedly excludes the spouses of unregistered marriages from taking under the Intestate Succession Law. After her husband died, a woman surfaced with a set of year old twins and claimed that her late husband gnana the father of the boys.

The plural will include the singular and where lawful vice versa. The definition is the same as that in the Proposed Decree, except for the items sjccession above in the text, which were added subsequently. The Mirror16 11, p. This data will be intestate succession law ghana every 24 hours.