As business owners and hardworking individuals, we often think about success and growth, but what happens to everything we’ve worked for when we’re no longer here?
That’s where succession planning comes in. It’s about making sure your money, property, and other assets go exactly where you want them to after you pass away.
There are two main ways your property can be shared after death:
- Testate succession – when you leave a valid will
- Intestate succession – when you die without a will (and the law decides for you)
This guide focuses on testate succession; that is, making and leaving a proper will, so your wishes are respected.
What Is a Will?
A will is a written document that tells everyone how you want your property and possessions to be shared after your death. If you’re male, you’re called a testator. If you’re female, you’re a testatrix.
What Makes a Will Valid in Ghana?
Under Ghana’s Wills Act, 1971 (Act 360), for your will to be legally valid, it must:
- Be in writing
- Be signed by you (the testator/testatrix) – or someone you ask to sign for you
- Be signed (attested) by at least two witnesses at the same time
1. Writing the Will
Your will must be written. Good news? You can write it in any language—even on anything (in Hodson v. Barnes, someone wrote theirs on an eggshell… seriously). It’s best to use ink, not pencil (so no one can change it later), and make sure it’s easy to read.
Exceptions:
Some special wills don’t need to be written:
- Customary wills – made based on tradition (like oral wills among some ethnic groups)
- Privileged wills – for soldiers in active service
2. Signature of the Testator
You must sign at the end of the will. Why? So nothing important comes after your signature that wasn’t intended. In one court case (In Re Abaka), someone signed only the first page of their will of 4 pages and the rest was ignored by the court.
Also:
- Your two witnesses must be present at the same time as you sign or acknowledge your signature.
- If someone signs for you (e.g., you’re too weak), they must do it in your presence and with two witnesses also present.
3. Witnesses (Attestation)
Your witnesses must:
- See you sign or hear you confirm the signature is yours.
- Then, sign the will in your presence.
They don’t need to know it’s a will, they just need to sign the document as witnesses.
Case example: In Daintree v Butcher, the testatrix didn’t say the paper was a will, just that it needed witnesses. The court still accepted it.
Special Situations
If the person making the will is blind or can’t read, the will must be read and explained to them by someone else.This must be clearly stated in the will (called a jurat clause), or the will might not be valid.
Why This Matters
If you don’t follow these steps, your will might be declared invalid. This means your property will be shared based on Ghana’s intestacy laws, not your personal wishes.
Making a proper will gives you peace of mind. It protects your loved ones, avoids confusion, and ensures that the legacy you’ve worked for goes exactly where you want it to.
To be safe, it’s a good idea to get a lawyer to help you write your will. They’ll make sure it meets all the legal rules and truly reflects your wishes.
