Introduction to the Law of Succession in Ghana:
Introduction:
This note provides a basic overview of the law of succession, with a particular focus on Ghana.
What is the law of succession:
The law of succession mainly deals with the rules governing the devolution of property upon the death of natural persons. Put differently, it deals with the rules governing the transfer of property, assets, and rights and obligations of a deceased person to living persons. According to McCarthy [1], “Succession regulates what happens to a person’s property when they die… The law of succession usually aims to give effect to the deceased’s wishes whether he made a will or not” (p. 1).
Generally, upon the death of a person, property may be transferred to other persons in accordance with the declarations of the deceased person, or in the absence of such declarations, in accordance with customs or statutory provisions governing the devolution of their property.
For persons who make declarations on the distribution of their property upon their death, the law of succession does the following:
For persons without such declarations, the law of succession, especially in Ghana, applies the rules on the distribution of the property of the deceased as contained in statute (particularly the Intestate Succession Act, 1985, PNDCL 111).
In subsequent notes, we will discuss the applicable rules for the distribution of the property of a person who dies testate (make declarations on how his or her property should be shared) and the applicable rules for the distribution of the property of persons who die intestate.
References:
[1] McCarthy, F. (2014). Succession Law Essentials. Edinburgh University Press.