“In The lifetime of their relative, they cannot vent their spleen on his wife. The opportunity comes when he dies. The poor widow and her children are subjected to a vulgar and humiliating abuse; they are made to pay unreasonable and unjustifiable funeral dues, to incur liabilities in respect of the funeral which can find...
Category: Succession
Ex Parte Yvonne Amponsah Brobbey in Retrospect: Its Impact on the Rules of Court
Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey[1] (described in this paper as ‘the case under review’), underscored that the Rules of Court Committee is incapable of conferring criminal jurisdiction on the High Court in intermeddling cases. In their...
Ex Parte Yvonne Amponsah Brobbey Case: Did the Supreme Court actually shut the door on Civil Proceedings in an intermedelling Case?
Photo by Tierra Mallorca on Unsplash Introduction Last month, the Supreme Court in the landmark case of the Republic v. High Court (Commercial Division), Accra; Ex P arte: Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party)[1] held that since Intermeddling is an offence; it is only the Attorney General or a person acting under its...
Has the decision in Adisa Boya v Mohammed (Substituted by) Mohammed & Mujeeb eroded the powers of executors or administrators in the distribution of an estate of a deceased person? Is the decision in Okyere (decd) (substituted by Peprah) v Appenteng & Adomaa still good law?
Introduction This article brings to mind the words of Thomas Paine, when he stated as follows in 1796 “Nothing they say, is more certain than death, nothing more uncertain than the time of dying.”[1] Who are an executor and an administrator? The Wills Act, 1971 (Act 360) does not define who an executor is or...
Disposing Biological Property Under the Wills Act of Ghana
By: Albert Mireku Agyepong (Law and Development Associate, Taylor Crabbe Barristers and Solicitors) Introduction Benjamin Franklin once wrote “… in this world nothing can be said to be certain, except death and taxes.” While men have found ways to avoid taxes, a solution to death remains elusive. Another shared feature of death and taxes is stringent regulation...
Presumption of Advancement: A Legal Anachronism (Husband And Wife)
Introduction Presumption of advancement is a legal presumption that arises in various forms. It simply means a transfer of property or money from husband and child and also from husband and wife. The issue of whether the transfer of the property was to be construed as a gift or as a resulting trust is a...
The complexity of Succession in Some Ghanaian Communities & Historical Accounts
Introduction Succession is an integral part of customary law and since customary law is part of the laws of Ghana[i] and for that matter the Ghana Legal System; a clearer understanding of the subject of succession will no doubt be of great importance to the practitioners and students of the legal profession. Over the years, there...