C
A WILL: A will is an oral,
verbal or a written
Traditional inheritance document, which shows Paternal, maternal and
system involves or states how a person’s marital.
patrilineal and property should be PATERNAL INHERITANCE:
Matrilineal. disposed of or shared Is receiving material
Legal system includes after his/her death. benefit through the
testate and intestate. INHERITANCE is defined father’s line. Some
as a practice of passing groups of people who
TRADITIONAL TESTATE: This is where a on or receiving material practice this form of
AND LEGAL person makes a valid will benefit or status from a inheritance are northern
before he dies. The will tribes, Guans, Ewes etc.
INHERITANCE living or dead person. It
continues to be in force MATERNAL
form of privilege that a
SYSTEM after he /she dies.
person may have as a INHERITANCE is receiving
INTESTATE: Means to die material benefit through
without making or result of his/her
marriage or blood the mother’s line or side.
leaving a valid will. A The group of people who
person dies intestate relationship or
association with the practice this form of
when he/she dies inheritance are the
without making a valid person. The most
Asantes and Fantes
will. common forms of
Inheritance in Ghana are
MARITAL INHERITANCE
Is receiving material
FEATURES OF INTESTATE
SUCCESSION LAW(PNDCL
111)
C Paternal, maternal and
benefit through marital.
1. HOUSEHOLD PATERNAL INHERITANCE:
marriage – husband or CHATTELS: Where, a Is receiving material
wife. The Instates spouse or child survives a benefit through the
deceased person, or Books, motor vehicles
Succession Law (PNDC
both, the spouse or child other than vehicles used father’s line. Some
Law 111) promulgates for commercial purpose groups of people who
or both of them, shall be practice this form of
this. absolutely entitled to the and household livestock.
inheritance are northern
INTESTATES household chattels. These A child under this law
tribes, Guans, Ewes etc.
include clothes, jewelry, refers to both natural
SUCCESSION LAW: It is furniture and furnishing, and legally adopted
MATERNAL
a law in Ghana on INHERITANCE is receiving
refrigerator, television, children. material benefit through
inheritance. It is a radiogram, other the mother’s line or side.
formally enacted law to electrical and electronic The group of people who
equitably distribute the appliances, kitchen and practice this form of
property or estates of a laundry equipment, inheritance are the
simple agricultural Asantes and Fantes
person who dies equipment, hunting
intestate equipment
MARITAL INHERITANCE: These includes clothes,
This law was established jewelry, furniture and
Is receiving material
in 1985 to address furnishing, refrigerator,
benefit through television, radiogram,
shortcomings of Both of them. The spouse
marriage. The Intestate electronic appliances,
traditional system of and children may hold the
Succession Law (PNDC kitchen and laundry house as tenants. By this
Law 111) promulgates inheritance equipment, books, motor law, extended family
this. THE INTESTATE PROVISIONS OF INTESTATE vehicle used for commercial members are not entitled
SUCCESSION LAW (PNDC L purposes and household
SUCCESSION LAW OF to a person’s house.
111) DISTRIBUTION OF A livestock's. A child under
PROVISIONAL HOUSES: Where the
DECEASED’S PROPERTY this law refers to both
NATIONAL DEFENCE estate is more than one
1. HOUSEHOLD natural and legally adopted house, the surviving
COUNCIL (PNDCL 111)
CHATTELS: Where, a children. spouse or child, or both
It is a law in Ghana 2. HOUSE: If a person dies
spouse or child of them, shall share the
on inheritance. It is a instates, leaving behind one houses among
survives a deceased
formally enacted law house, the house, according themselves, or hold the
person, the spouse or to the law, section four(4)
to equitably houses as tenants in
child or both of them, states that the house common.
distribute the
shall be absolutely should be given to the
property or estates
entitled to the surviving spouse or
of a person who dies
household chattels. children
instates.
iii. One-eighth(1/8) to
iii. One-fourth(1/4) in
SHARING OF RESIDUES: In the surviving parent
accordance with the
this context residue means (that is the natural iii. One-eighth (1/8) be
all or any of the deceased parents or any person custom of the shared in accordance
person’s property or estates recognized by law to be tribe(whether with the custom of the
that exclude household the mother or father of patrilineal or people.
chattels, a house or houses. deceased). matrilineal system of D. Parent only(where
A. Several factors are iv. One-eighth (1/8) be inheritance). the dead person is not
considered in the shared in accordance C. A child or children having a spouse or a
sharing of the with the customs of the only( if the deceased child)
residues tribe. dies a bachelor, but is i. Three-fourth (3/4)
Where there is a wife and B. Spouse Only (where survived by a child or of the entire
children, section 5 state the deceased is survived children) estates or property
that: by a spouse without a i. Three-fourth(3/4) should be given to
i. Three-sixteen(3/16) child) to the child or the parents and
to the surviving i. Half(1/2) to the children; ii. One-fourth(1/4)
spouse; surviving spouse; ii. One-eighth(1/8) to shared according
ii. Nine-sixteen(9/16) to ii. One-fourth(1/4) to to custom.
the surviving
the surviving child or the surviving parents;
children; parent;
E. None of the
above(where the
deceased person is not
iii. If the deceased is
not identified with
any family or person
2. PEACEFUL
SUCCESSION ANDC
DISTRIBUTION OF The extended family of
PROPERTY: There is the intestate and his
survived by anybody the estates or
peaceful means of wife and children.
that is a child, a property should be 3. JUST AND SIMPLE:
succession. The
spouses or parents). given to the Republic The law makes succession
i. The relatives problem of
of Ghana uncertainty of who
reasonable and well
should determine deserving. The widow and
ADVANTAGES OF THE
who inherits the inherits and what to children are the direct
INTESTATE SUCCESSION
deceased. inherit is solved. The beneficiaries of the
LAW
ii. Any person who possible difficulties deceased person’s
was maintained 1. UNIFORMITY OF
and conflicts that property. The widow or
by the intestate, INHERITANCE: The law children are those who
arise in families after
or who was provides a uniform toiled with the deceased
the death of a person and they therefore
closely identified means of succession to
with the all groups of people are solved. It has deserve to enjoy the fruits
deceased may irrespective of their eliminated the from their toil as opposed
apply to the High tribes, sex, religion, and struggle for the to matrilineal system
where the widow and
Court to be the types of inheritance property and other children are deprived of
maintained out of practiced whether belongings of an
the household chattels and
the proceeds of patrilineal or matrilineal. intestate between the other estates.
the estate.
PREVENTS HARDSHIP:
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The vulnerable,
especially the widow
and children, are the
beneficiaries of the
estate or property of
the deceased. This
makes them secured.
It provides them with
a means of livelihood
and prevents them
from neglect and
other hardships such
as loss or interrupted
education, street
children, drug abuse,
sexual promiscuity
etc.