When someone dies in Ghana, their money, property, and belongings don’t sort themselves out. Whether they left a will or not, there are legal steps that must be followed to manage everything they left behind.
This can be confusing and emotional, especially if you don’t know the law. This guide explains the basics of handling a person’s estate in Ghana, focusing on what executors and administrators do and how to do it the right way.
Understanding the Legal Landscape
Several laws work together to govern the administration of estates in Ghana. These include:
- The 1992 Constitution of Ghana
- The Administration of Estates Act, 1961 (Act 63)
- The Wills Act, 1971 (Act 360)
- The Intestate Succession Act, 1985 (PNDCL 111)
- The High Court (Civil Procedure) Rules, 2004 (C.I. 47)
Together, these laws regulate how a person’s movable and immovable property is distributed after their death, depending on whether they left a will (testate) or not (intestate).
Executors and Administrators: Who Qualifies?
If someone dies and leaves a valid will, it usually names one or more executors – the person who carries out the wishes in the will. The person then applies to the High Court for a probate.
If there’s no executor named or no will at all (called dying intestate), the High Court will appoint an administrator using a legal document called letters of administration. The law gives priority to the spouse first, then children, then parents, and finally the customary successor.
Some people can’t be chosen, like anyone under 21, someone who is bankrupt, or someone with a mental illness.
The Application Process
The application, whether probate or letters of administration, is made to the High Court in the area where the deceased lived or owned property.
To succeed, the applicant must prove that:
- The will (if there is one) was valid and freely made by someone of sound mind
- They have a legal right to apply
- All required legal steps have been followed
If an executor delays or refuses to act, someone else with a valid interest may serve a citation. This legally demands that the executor either apply for probate or formally step aside.
What Personal Representatives Must Do: A Step-by-Step Guide
Whether you’re named as an executor in a will or appointed as an administrator when there’s no will, your core responsibilities are largely the same. In both roles, you are referred to as a personal representative (PR). Once the court issues a grant of probate or letters of administration, you are legally authorized to act, and your duties include:
Core Responsibilities of a Personal Representative:
- Secure all assets belonging to the estate.
- Pay off debts and funeral expenses from the estate’s funds.
- Resolve disputes, using the courts if necessary.
- Legally transfer property to beneficiaries through vesting assents.
- Keep accurate records and submit estate accounts to the court, if required.
Additional Legal Obligations:
- File a full inventory of the estate when requested by the court.
- Apply for probate or administration within one month of death if you take possession of or deal with the deceased’s estate.
- Complete the administration within one year.
- Fulfil any enforceable contracts entered into by the deceased.
- Avoid negligence in administering the estate and ensure that any agents you hire act within their authority.
Rights of a Personal Representative:
- Recover reasonable expenses incurred while performing estate duties.
- Sue debtors who owe money to the deceased.
- Retain any money the estate owes you in your personal capacity.
Avoiding Mistakes: Intermeddling and Executors de Son Tort
It’s crucial not to act beyond your legal authority. If you handle estate property without a grant of probate or letters of administration, you risk being treated as an executor de son tort. For example, if a family member sells the deceased’s car without legal authority, they can be held personally liable as if they were a lawfully appointed executor, but without any of the legal protections.
This kind of unauthorized activity is called intermeddling, and it can carry serious consequences. If you’re unsure whether you have legal authority, it’s safer to wait or seek legal advice before taking any steps.
Burial and Customary Law: A Special Note
In Ghana, the body of the deceased is not considered personal property. Burial decisions are typically made by the extended family, not the spouse or children. Even if the deceased gave written instructions, such wishes are not legally binding, though families may choose to honour them.
Executors can authorise body donation to medical science under the Anatomy Act, 1965, but this is limited if family members object or the deceased gave contrary instructions before death.
Customary law also plays a role in estates. When someone dies without a will, under customary law, a successor is chosen by the family to manage the estate. This person acts more like a caretaker and does not personally own the estate property.
Being an executor or administrator in Ghana carries serious legal and moral responsibilities. The role demands honesty, patience, and a good understanding of the law. Mistakes can be costly, both for the estate and the PR.
If you are unsure about what to do, it is always best to get legal advice early. Administering an estate is not something to figure out by trial and error.
David Amaara Adaawin on behalf of OSD and Partners. [email protected]
