Some people leave behind very specific burial wishes. They want to be cremated. Buried in a suit. Flown back home. Or not buried at all. Others never get the chance, and when they die, the question of “what should happen to the body?” becomes a full-blown family fight. In Ghana, this is more common than most people think.
Disputes over dead bodies, either between spouses and siblings or nuclear and extended families, have grown increasingly tense. One side may want a quiet burial while the other may demand a grand funeral. The fight is rarely about the deceased alone. It often becomes a contest of tradition, family power, and sometimes, pride.
So, legally speaking, who really owns a dead body in Ghana? And who has the final say in burial arrangements? Let’s break this down.
Who controls a dead body after death?
Under Ghanaian law, there is no automatic right of control granted to a widow/widower or child upon the death of their spouse or parent. Instead, it is the traditional family of the deceased. This means it is the extended family under customary law that is generally recognised as having the duty and right to take possession of the body for the purpose of burial.
This rule has deep customary roots. Traditionally, the family is responsible for giving the deceased a proper burial in accordance with their status, lineage, and cultural identity. This understanding has been upheld by the courts, including in decisions where attempts by nuclear family members to assert control have failed.
In modern practice, this sometimes clashes with personal preferences or family dynamics. For instance, a person may live with their spouse and children for decades, yet it is their uncles or cousins who take over burial arrangements. That arrangement may feel unfair, but it is what the law currently recognises unless an exception can be clearly justified.
Are Burial Wishes in a Will Binding?
Some people try to avoid future confusion by including burial instructions in their will. They may state where they wish to be buried, or that they want to be cremated, or that a private ceremony should be held. However, under Ghanaian law, those instructions are not legally binding on the family. The will is usually read long after the burial, so these instructions no longer matter by then.
A person’s will controls their property, but the body itself is not subject to the same legal treatment. Burial instructions may carry moral weight, and families may choose to respect them, but the law does not compel anyone to follow them. Where the traditional family disagrees with the wishes of the deceased, their view often prevails.
Who Has the Legal Right to Bury a Deceased Person?
The courts have consistently upheld the position that the traditional family of the deceased holds the right and duty to bury. In the case of Neequaye v. Okoe [1993-94] 1 GLR 538, a surviving wife and daughter argued that because they inherited the deceased’s estate, they also had the right to bury him.
The court rejected the claim, explaining that the right to bury does not follow from inheritance. Burial, the court explained, is not about property ownership, but about customary duty and therefore part of a broader cultural and customary process.
What About Donating for Scientific Studies?
In Ghana, the Anatomy Act, 1965 (Act 280) permits licensed institutions, such as medical schools, to receive bodies for scientific study. However, this can only be done with the consent of the deceased or the executor/administrator of the estate. Where the deceased had objected to this while alive, or where close relatives do not consent, the donation must not proceed.
The law here respects both the public purpose of medical education and the personal and cultural sensitivities surrounding death.
Can Someone Sue to Take Possession of the Corpse?
Yes, and in fact, such suits have become more common. Disagreements over where or when a body should be buried often end up in court. People have gone to court to stop burials, to claim the right to decide who should be buried where, or to force others to take certain actions.
But this can be risky. Under the Criminal Offences Act, 1960 (Act 29), it is a crime to stop a burial without a valid reason or to handle a dead body without legal permission. In emotional and tense situations, a family’s actions can easily cross the line into illegal behavior.
That is why the Courts take the structure of legal remedies seriously. If you feel you have the right to bury the deceased, take only lawful means or you may stand a risk of criminal prosecution.
Lessons For Families and the Living
The law on who handles a person’s burial may be different from what most people think. The spouse or children do not automatically have control. Leaving written instructions is not always enough. And not every dispute can be settled in court.
What helps is forward planning, family dialogue, and cultural understanding. Where possible, people should involve their traditional family in discussions about burial, even if they are making a will. Where disputes do arise, the parties should consider what the law recognises, not just what feels morally right.
The body of a deceased person is not a matter of ownership in the legal sense, but it is subject to legal control. That control has traditionally rested with the extended family, and unless the law changes, that position remains. “The law is the law” as has often been said.
Alhassan Aboagye on behalf of OSD and Partners. [email protected]
