16 Nov This article will attempt to examine the provisions of the Intestate Succession Law , (PNDCL ) that could support Rahanda obtain. 21 Jan Constitution of the Republic of Ghana, ; Administration of Estates Act, ( Act 63); The Wills Act, (Act ); Intestate Succession. ity) Law (PNDC L). The laws are the latest in a series dating back to meant to change customary marriage and intestate succession laws in. Ghana.

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But how can the surviving spouse prove that they contributed, if they did not keep receipts of the building materials they purchased towards the building of the house?

How can it be proven that, indeed, the other spouse contributed to the acquisition of the house? Had Rahanda adhered to the advice of pursuing her case in court, the Intestate Succession Law, PNDCL would be paramount to her claiming her spousal property rights.

The Intestate Succession Law Does not Work in Some Parts of Ghana

Amissah-Abadoo [ ] G. Atanga, a nephew and customary successor of the deceased seized all the property from the widow and her son David, who is barely two years old. How can two wives who are not on good terms agree to use the only vehicle the man left behind? Making a will does not mean you will die. Inconsistently this was not done in corresponding places in the other substantive sections, but it seems that, to avoid anomalies, the Law must be interpreted as applying fully to successors.

Section 4 of PNDCL stipulates that where the property involves only one house, the spouse s and children shall be entitled to that house and they shall hold it as co-owners.


Now Available Africa wins big at Gong Gong awards. The High Court has jurisdiction to take decisions about property in Ghana owned by foreigners. The Global Property Guide looks at inheritance from two angles: And these are the very people who were to eat from her sweat.

We use cookies to distinguish you from other users and intestatte provide you with a better experience on our websites. Now the court has to come in. This argument almost always ends up in court and the ultimate solution will be to sell the house and share the proceeds. Lusophone Africa Sets Sight On.

As I write, this Bill is in Parliament, waiting to be passed into Law. Defence Council Establishment Proclamation. Title Deeds confer the legal title of property to named individuals, but other persons, such as minors and other legal incompetents, may have equitable interests, and trustees may hold equitable interests in property for other persons.

This list is generated based on data provided by CrossRef. These possibilities are unlikely to give rise to problems in practice, although Sganerelle might have appreciated them. However, Rahanda chose not to pursue the case as many women do, particularly in the rural setting of Northern Ghana.

Atanga says Rahanda is not the wife of the deceased because the final customary marriage rites were not performed.

The Intestate Succession Law Does not Work in Some Parts of Ghana

As if that is not enough pain, Section 4 of PNDCL further provides that where the deceased left behind more than one house, the spouse s and the children are to choose one house and hold it as co-owners.

You cannot trust them in the same way you cannot trust your greedy family head to share your property. If the deceased has no family, the Administrator-General takes charge of the payment of the deceased’s debts, fees, expenses, and liabilities, and pays the balance to the Accountant-General.


Chukwumaobi Godwin August 04, Please,i hope the copyright version allows me to extract from this publication. Export citation Request permission. The onus is on the person who alleges to prove. More Quotes Submit Quotes.

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

The proposed Bill, however, does not make any amendments to this provision. Formal Law as a Magnet to Reform Custom. 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 shccession children would have to be sold to prevent disputes. If she takes them to court to claim her property rights, she would be seen to be doing exactly that. Assuming that the widow and her children have finally decided on one house out of the lot and his household items have been shared equally amongst themselves, the Law provides in Section 5 that the residue of his properties shall be distributed in the jntestate manner:.

Before this law came into being, the customary succession rules prevailed. Manu [ ] 1 G. The Administration of Estates Amendment Law is a minor consequential enactment. Intrstate provision also stipulates that all these items shall be given to the spouse s and children absolutely.

I am sure you can feel her agony too.