This note provides a basic overview of the law of succession, with a particular focus on Ghana.
This note simply examines the meaning of a will, its characteristics, and common terms often used when discussing wills.
This note briefly outlines the various types of wills a testator may make.
This note will discuss mutual wills as a type of will. In doing so, the note will examine the meaning of mutual wills, their key feature, their usual form and beneficiaries, circumstances under which two or more wills can be considered mutual, and the nature of the obligations a mutual will imposes on a surviving testator.
This note will discuss a joint will as a type of will. In doing so, the note will examine the meaning and characteristics of a joint will.
This note will discuss a living will as a type of will. In doing so, the note will examine the meaning and distinguishing features of a living will, the judicial recognition of the right of individuals to make living wills, and the making of a valid living will.
This note will discuss a conditional will as a type of will. In doing so, the note will examine the meaning and distinguishing features of a conditional will, and the distinction between conditions and motives in the context of conditional wills.
In light of Ghanaian case law, this note will discuss the meaning of a gift inter vivos, the ways of making a gift inter vivos, and the requirements for a valid gift inter vivos.
In a previous note, we explained the meaning of a gift inter vivos and the requirements for a valid gift inter vivos, among others. In this note, we will explain the effect of a gift inter vivos on dispositions in a will and the differences between the two forms of disposing of property.
This note will discuss the meaning of donatio mortis causa, the elements of a valid donatio mortis causa, its effects on dispositions in a will, and the differences between a donatio mortis causa , a gift inter vivos and a will.
A review of the cases on testamentary capacity reveals that the phrase is understood and used in two senses: 1. The properties the testator can or has the capacity to dispose of by will. 2. The personal capacity of the testator. This note will discuss the first form of testamentary capacity.
In Ghana, the Wills Act, 1971 (Act 360), provides for persons who have the requisite capacity to make a valid will. This note will highlight the grounds under which a person may or may not have the capacity to make a will.
This note discusses the general rule on the age a person must be before he can make a valid will under the Wills Act, 1971 (Act 360) and the exception to that general rule.
This note will discuss the statutory impact of soundness of mind on the validity of a will, why soundness of mind is required to make a valid will, when soundness of mind is required in making a will, the test for soundness of mind, burden of proving soundness of mind, soundness of mind versus delusion, and the impact of age and infirmity on soundness of mind.
Beyond age and soundness of mind, there have been discussions on whether blindness affects a person’s testamentary capacity. These discussions centre on the core question of whether blind persons know the content of their wills to ensure that the content reflects their intentions.
This note will discuss the meanings of duress and undue influence, their impacts on the validity of a will, the burden of proving undue influence, undue influence and duress versus persuasion, and how the personality of the testator may affect whether he is unduly influenced among others.
This note will present a high-level overview of the purpose of the formalities of a will and the elements that must be present for a will to be considered valid according to the Wills Act, 1971 (Act 360).
One of the elements for a will made under the Wills Act, 1971 (Act 360) to be valid is that the will must be in writing. This note will discuss the requirement of writing for the validity of a will and the exception to that requirement.
This note will discuss the requirement that a testator must sign a will for it to be valid in terms of the parties who can sign the will, the place of the signature, and the form the signature must take, among others.
This note will discuss the statutory requirement that a will must be attested and signed by two witnesses.