Frequently Asked Questions About:
Intestate Succession
What does "dying intestate" mean?
What is an "estate"?
What will happen to my property if I die without a valid Will?
Can the Intestate Succession Law apply even where a person has made a Will?
How does Intestate Succession work?
What if the rules above are not followed and a deceased man's extended family drives the surviving spouse and children from the deceased's home and sets about distributing his/her property entirely in accordance with their custom?
Does the ISL replace customary law regarding inheritance?
All of the formulas above talk about "the spouse", "the child," or "the parent." What happens if there is more than one surviving spouse or child or parent?
Can a child inherit from his deceased father under the ISL even if the deceased was not married to the child's mother at the time of his death?
Can adopted children inherit under the ISL?
Can grandchildren of the deceased inherit property under the ISL?
Who is an Administrator?
How does someone become an Administrator?
Can more than one Administrator be appointed?
What does "dying intestate" mean? To die intestate means to die without leaving a Will or any other instructions regarding how you wish your estate to be dealt with after your death. Top
What is an "estate"? Your estate includes all the property (movable and immovable) you own at the time of your death. Top
What will happen to my property if I die without a valid Will? If you die without a Will your estate will be distributed according to a formula set out in the Intestate Succession Law. This means that your estate may not be distributed in the manner you would prefer, and it could mean that a significant portion of your estate will pass to the government. Top
Can the Intestate Succession Law apply even where a person has made a Will? Yes, the ISL can be used where some but not all property was assigned by a Will. In other words, while the property mentioned in the Will gets distributed according to the beneficiaries, the rest of the deceased's property will be dealt with according to the ISL. Top
How does Intestate Succession work? Essentially, the Act sets up a formula for dividing property, and provides rules that regulate who gets what. There are six main rules laid out by the ISL:
Rule 1: Only self-acquired property may be distributed. This means that if the deceased held property on behalf of his family, the deceased's death will not cause that property to be distributed according to the Act. If the deceased made a purchase using money from proceeds that he holds in trust for his family, that purchase becomes family property. If a matrimonial home is built on family property it remains family property.
Rule 2: The deceased's debts and loans must be paid out of the estate before any remaining property is distributed.
Rule 3: When one spouse dies intestate, everything in their house (called "household chattels"), together with the house and a car, go to the surviving spouse and children. Other family members are not entitled to these items. If a deceased spouse leaves more than one house, the spouse and children may decide which house they prefer to inherit.
Rule 4: If the deceased's remaining property (also referred to as residue) – that is, property in addition to the home, car and household chattels to which the surviving spouse and children are entitled – is less than GH₵1 000, all of it will pass to the surviving spouse and/or children.
Rule 5: If the deceased leaves only a surviving parent and the value of the estate does not exceed GH₵1 000, all of it will pass to the parent.
Rule 6: If Rule 4 and Rule 5 do not apply, the residue gets divided according to the following formulas:
a) If the deceased is survived by a spouse, a child, and a parent, the surviving spouse receives 3/16 of the remaining property, the child receives 9/16, the parent receives 1/8, and 1/8 is distributed in accordance with customary law.
b) If the deceased is survived by a spouse and a child but not a parent, the surviving spouse receives 3/16 of the remaining property, the child receives 9/16, and 1/4 is distributed in accordance with customary law.
c) If the deceased is survived by a spouse and a parent but not a child, the spouse receives 1/2 of the remaining property, the parent receives 1/4, and 1/4 is distributed in accordance with customary law.
d) If the deceased is survived only by a spouse, the surviving spouse receives 1/2 of the remaining property, and 1/2 is distributed in accordance with customary law.
e) If the deceased is survived by a child and a parent but not a spouse, the child receives 3/4 of the remaining property, the parent receives 1/8, and 1/8 is distributed in accordance with customary law.
f) If the deceased is survived only by a child, the child receives 3/4 of the remaining property, and 1/4 is distributed in accordance with customary law.
g) If the deceased is survived only by a parent, the parent receives 3/4 of all the deceased's property – i.e. including the household chattels, home, and car that a surviving spouse and children would ordinarily be entitled to – with the other 1/4 of the property distributed in accordance with customary law.
h) If there is no surviving spouse, child, or parent, all of the deceased's property is distributed in accordance with customary law.
i) If no customary law applies to the deceased, the surviving spouse, child, and parent get to divide equally among themselves whatever portion of the property would ordinarily get distributed according to customary law. If no customary law applies and the deceased is not survived by a spouse, child, or parent, then all the deceased's property goes to the State. Top
What if the rules above are not followed and a deceased man's extended family drives the surviving spouse and children from the deceased's home and sets about distributing his/her property entirely in accordance with their custom? The Intestate Succession (Amendment) Law, 1991 (PNDCL 264) makes it an offence to eject a surviving spouse or children from the deceased's home, or otherwise deprive someone of property they are legally entitled to under the ISL. These actions are punishable by fine, imprisonment, or both. In such cases a court can also make an order reinstating the ejected persons or requiring that property which they have been illegally deprived of be given to them. Top
Does the ISL replace customary law regarding inheritance? The Intestate Succession Law allows for customary law to dictate how certain portions of a deceased person's estate get distributed (see the formulas above). However, it is illegal to use customary law to distribute property that the ISL grants to surviving spouses, children, or parents. Top
All of the formulas above talk about "the spouse", "the child," or "the parent." What happens if there is more than one surviving spouse or child or parent? If there is more than one surviving child, each of the children gets an equal share of "the child's" portion of the property. The same goes for surviving parents. If the deceased had more than one wife, all the wives are entitled to share the portion of the property assigned to "the spouse." It is important to remember, however, that polygamous marriages are only legal in the case of customary or Islamic marriages. As a result, the 'second wife' of a man married under the Marriage Ordinance is not recognized as a wife at all in the eyes if the law, and she is not entitled to any of her 'husband's' property should he die intestate. Top
Can a child inherit from his deceased father under the ISL even if the deceased was not married to the child's mother at the time of his death? Yes, a child is entitled to a share of the property regardless of whether his mother and father were married at the time of the father's death, even if the father died while married to a woman or women other than the child's mother. Top
Can adopted children inherit under the ISL? Yes, adopted children are entitled to a portion of the estate in exactly the same way as natural children of the deceased. An adopted child is not, however, entitled to inherit from his or her natural parents if they die intestate. Top
Can grandchildren of the deceased inherit property under the ISL? Yes, if the deceased's child dies before the deceased, but has children of their own who survive the deceased, those children (i.e. the deceased's grandchildren) share equally in the portion that would have passed to their parent had he or she remained alive. Top
Who is an Administrator? An Administrator is a person appointed by the Court to manage the estate of someone who has died intestate and to distribute the deceased's property according to the rules of the ISL. Administrators may also be used in cases where a Will was made but an Executor/Executrix was not appointed, or where the person named as Executor/Executrix is unable to perform the role. Top
How does someone become an Administrator? Any person over 21 years old with an interest in the estate is entitled to apply to the court for Letters of Administration, which authorize the person to distribute the deceased person's estate. Priority is given to surviving spouses, children, parents, and customary successors, in that order. Surviving spouses and children will always be notified before customary successors obtain Letters of Administration. Top
Can more than one Administrator be appointed? Yes, up to four people may be granted Letters of Administration. Top
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