Photo by Melinda Gimpel on Unsplash It is the Political Philosopher J.J. Rousseau who said “Man is born free but everywhere is in chains.” It is usually said that there is no freedom without limitation. Introduction Under Inheritance law, there are two modes in which property from one person (deceased) can pass to another (Survivor...
Category: Law of Succession
Can a person benefit twice under the Intestate Succession Act?
The Supreme Court has, in Togbe Akpoma I (Suing as Head of Family of Rudolph Kofi Mensah (Deceased)) & Anor v Gladys Mawuli Mensah (Administratrix of The Estate of Rudolph Kofi Mensah (Deceased))[1], held that it is possible for a child of a deceased Ewe to benefit twice under the Intestate Succession Act, 1989, (PNDCL 111)....
Supreme Court Rejects Sharia Law Discriminating against Women on Property Distribution.
Ghana is widely conceived as a religious country. Religious norms and practices have unsurprisingly gained grounds and in some instances compete with the law . One such instance is in the area of inheritance. But the Supreme Court of Ghana has held in Abdul Rahman Osumanu Giwah, Alhaji Ali Adamu Giwah and Hajia Fatima Alhassan Giwah...
Is a Separated Spouse Entitled to a Share in the Estate of a Deceased Spouse?
Article 22(1) of the 1992 Constitution of Ghana requires that reasonable provision should be made for surviving spouses out of the estate[i]of a deceased spouse whether or not the deceased spouse died having made a will. Consequently, the Supreme Court in Akua Marfoa v Margaret Agyeiwaa[ii] held that reasonable provision should be made from the estate of...
A Simplified Guide to Making Wills in Ghana
The main object of this article is to simplify the law on the making of wills to the layman’s understanding. A will is simply a legal document by which a person expresses his or her wishes as to how his or her properties should be distributed at death. However, not every writing of such intention...