Frequently Asked Questions About:
Wills
What legislation governs Wills in Ghana?
What is a Will?
What is an "estate"?
Why should I make a Will?
What happens if I die without making one?
How do I make a Will?
Can I make my own Will?
Who can be a witness?
Who is an Executor?
Can someone decline to act as Executor/Executrix?
How long is a Will valid for?
Can a Will be changed after it is made?
Can a Will be revoked after it is made?
Is there any limit to the number of Wills I can make, or the number of changes I may make to an existing Will?
Can a Will that has been revoked be revived?
If I get married, will this affect my Will?
Does a Testator have to provide for their spouse(s), parents, and children?
What is the situation with Social Security Contributions under SSNIT?
What is "Probate"?
What happens after Probate is granted?
What if Probate is not granted?
What happens if an Executor holds up disposal of an estate by failing to seek Probate?
How will gifts of "property" or "land" be interpreted?
What happens if a Will made elsewhere involves property in Ghana?
Where should I keep my Will?
What if someone else has my Will?
How do soldiers make Wills?
Does Ghana have an inheritance tax?
What legislation governs Wills in Ghana? The Wills Act, 1971 (Act 360) sets out the law regarding Wills in Ghana. Top
What is a Will? A Will is a legal document in which a person declares what should be done with his/her property after his/her death. The person who is making the Will is known as the Testator (if he is a man) or a Testatrix (if she is a woman). Anyone over 18 years old and of sound mind can make a Will. You do not need to have substantial property in order to do so. Top
What is an "estate"? Your estate includes all the property (movable and immovable) you own at the time of your death. Top
Why should I make a Will? Making a Will enables you to share your property in the way that you want and with persons you want. Top
What happens if I die without making one? 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
How do I make a Will? A valid Will must be in writing and must be signed by the Testator/Testatrix and two witnesses, each of whom must be present when the Testator/Testatrix signs. If the Testator/Testatrix is illiterate or blind, someone must read and explain the Will to him/her before he/she signs it. It should be recorded that the Will was explained to the Testator/Testatrix and that he/she understood and approved of the provisions of the Will. Top
Can I make my own Will? Yes, you do not need a lawyer to make a Will. However, to avoid costly, time-consuming, and potentially bitter disputes after your death, it is advisable to have a lawyer look at your Will to make sure it is clear and in the proper form. Top
Who can be a witness? Any adult can witness a Will, including the person appointed as Executor/Executrix. However, if someone who is a beneficiary under a Will – i.e. a person given property or cash under the Will – acts as a witness to the signing of that Will, they lose their inheritance rights. Therefore, it is generally important to ensure that witnesses are not also beneficiaries under the Will. Top
Who is an Executor? An Executor (or Executrix, in the case of a female) is a person named by the Testator/Testatrix to administer the estate of Testator/Testatrix. There may be more than one Executor/Executrix named for the same estate. Executors must be 21 years old and of sound mind. A person who is the Executor/Executrix of a Will is allowed to benefit under that Will. Top
Can someone decline to act as Executor/Executrix? Yes, if the person named in the Will as the Executor/Executrix does not wish to accept the responsibility that comes with being an Executor/Executrix, he/she may refuse to serve as Executor/Executrix by formally notifying the court. Top
How long is a Will valid for? A Will remains valid until it has been revoked. That means that a Will can be valid even if it is has been fifty years or more since it was first made. Top
Can a Will be changed after it is made? Yes. A Will may be changed or revoked at any time before the Testator/Testatrix dies. Changes to the Will must be signed separately and witnessed in the same way as the Will itself. In order to avoid confusion, when changing a Will it is often best to simply destroy the old Will and make a whole new Will. Top
Can a Will be revoked after it is made? A Testator/Testatrix can revoke – i.e. cancel – his/her Will by producing a written revocation signed by himself/herself and two witnesses. It is common, for instance, for a Testator/Testatrix writing a new Will to state in it that he/she revokes all previous Wills. A Will is also considered to be revoked if it is physically destroyed by the Testator/Testatrix or by another person acting on his/her instruction and in his/her presence. If a Testator/Testatrix writes two Wills and fails to cancel the first, both will be considered valid except where their provisions conflict, in which case the more recent Will prevails. Top
Is there any limit to the number of Wills I can make, or the number of changes I may make to an existing Will? No, you can make as many Wills or changes to your Will as you feel is necessary. It is advisable to review your Will regularly to ensure that it reflects your current wishes about how you would like your estate to be dealt with after your death. Top
Can a Will that has been revoked be revived? Yes, a cancelled Will can be revived if it is signed by the Testator and by two witnesses in the presence of the Testator and each other. Top
If I get married, will this affect my Will? No. Marriage per se does not affect a person's Will. This is because the 1992 Constitution of Ghana allows every person to acquire property individually or jointly with others. However, the spouse making the Will must bear in mind that the estate distributed in the Will must be the self acquired or jointly acquired property of the Testator/Testatrix alone or together. Because polygamy (the marriage of one man and many wives) is permitted under Ghana law, it is important for a Testator making a Will to bear in mind the number of wives he has. Top
Does a Testator have to provide for their spouse(s), parents, and children? No, not necessarily. However, if a Testator has not provided for a spouse, parent, or child in his Will they may apply to receive a court order granting them part of the estate. Such an application must be made within three years after probate has been granted. The court will examine each case and, where appropriate, make provisions for spouses, parents, and dependant children (those under 18 or still attending school). Top
What is the situation with Social Security Contributions under SSNIT? A social security nomination form requires a list of beneficiaries who receive money when the contributor dies. The contributor is permitted by law to decide who the beneficiaries are. However, where children (minors or those still receiving education/vocation) are not catered for, the Social Security and National Insurance Trust (SSNIT) will apply to court to vary the list of beneficiaries in order to cater for the children. Top
What is "Probate"? Probate is the process by which the Testator's estate is passed to the beneficiaries named in the Will. Before an Executor/Executrix can act on a Will, he/she must apply to the courts for authorization. This means that the Executor/Executrix must prove in court that the Will is valid – i.e. that the Testator/Testatrix was of sound mind when the Will was written, that the Testator/Testatrix was not under the influence of another person, and that the signature of the Testator/Testatrix was witnessed by two persons who were present. Probate will also determine the size of the estate of the Testator/Testatrix that is to be distributed under the Will. Top
What happens after Probate is granted? At this stage, the Executor/Executrix gathers all properties together and first pays the debts and liabilities of the Testator/Testatrix, including funeral costs. Next, the Executor/Executrix distributes the remaining property and assets according to the wishes of the Testator/Testatrix. Top
What if Probate is not granted? The courts can refuse to grant Probate if the validity of the Will cannot be proven or if the Will appears to be a forgery. If an Executor/Executrix begins acting on the Will before Probate has been granted he may be fined or imprisoned. Top
What happens if an Executor holds up disposal of an estate by failing to seek Probate? If the Executor(s)/Executrix(es) of a Will have not declined to act as Executor/Executrix, but otherwise fail to apply for Probate, anyone else who has an interest in the estate may apply for Probate. Top
How will gifts of "property" or "land" be interpreted? If a Testator/Testatrix's Will leaves "property," without any limitation, to a beneficiary, the whole interest in the property passes to the beneficiary. Likewise, if a Testator/Testatrix leaves "property" without describing which property, this will be taken to be any property in which he/she has an interest. If a Testator/Testatrix gives "land" without indicating which land specifically, all land will be passed to the beneficiary. To ensure that a specific item or piece of land is given to a particular beneficiary, the Testator/Testatrix should describe the item or land in specific detail. Top
What happens if a Will made elsewhere involves property in Ghana? A Will is valid so long as it was made in accordance with the laws of the country in which the Testator/Testatrix lived. If a Will is made on board a ship or plane, then, to be valid, it must be made in accordance with the laws of the country to whom the ship or plane belongs, except in cases where the Will disposes of immovable property. In such cases the Will is valid if it was made in accordance with the laws of the country in which the immovable property is located. Top
Where should I keep my Will? In Ghana, you may deposit your Will in the High Court for safe keeping. If this is not possible, you should make sure to keep your Will in some other safe place, as it is an important legal document. Top
What if someone else has my Will? Anyone who is in possession of a deceased person's Will is obliged by law to deposit the Will in the High Court within fourteen days of the Testator/Testatrix's death. If they do not do so, they face heavy fines or up to ten years imprisonment. Top
How do soldiers make Wills? Soldiers can make Wills as described above. If they are on active assignment, however, the procedures for creating a valid Will are relaxed. For example, they may make on oral Will in front of two witnesses, or may write and sign their own Will without the need for witnesses, or have someone write their Will for them, provided it is witnessed by one person. Top
Does Ghana have an inheritance tax? No, there is no inheritance tax in Ghana. In addition, gifts made under a Will or as a result of a person dying intestate are also exempt from taxation. Top
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