Lawyer urges fair provision for all dependents in wills
By Solomon Nartey Tetteh
A legal practitioner at AB & David Africa, Daniel Nkrumah, has advised Ghanaians to ensure fairness and inclusivity when drafting their wills, stressing that the law requires reasonable provision to be made for all direct family members.
In Ghana, the distribution of a deceased person’s estate is governed by the Wills Act, 1971 (Act 360), the Intestate Succession Law, 1985 (PNDC Law 111), and provisions in the 1992 Constitution.
These laws aim to protect the rights of spouses, children and other dependents to ensure they are not unfairly excluded from inheritance.
Speaking on the Business Breakfast Show on Zed 101.9 FM, Mr Nkrumah explained that under Ghana’s laws, spouses and children are recognised as direct beneficiaries of a deceased person’s estate.
“Even if you have three wives, they are all considered direct family members. You must make provision for all of them,” he said.
Mr Nkrumah cautioned against favouritism in wills, noting that the courts have the power to intervene if any spouse or child is unfairly excluded.
The legal practitioner said the judiciary can realign the distribution of property to ensure fairness.
“If you decide to give one wife the largest portion, another the least, and completely exclude a third, the excluded spouse can challenge the will in court. The court will then step in to make reasonable provision for her,” Mr Nkrumah explained.
He emphasised that the key phrase in the law is “reasonable provision”, which the courts interpret to guarantee that no spouse or child is left without support.
Mr Nkrumah highlighted Article 28 of the 1992 Constitution, which prohibits discrimination among children, whether born in or out of wedlock.
“You cannot say a child born before marriage does not deserve inheritance while those born within marriage do. The Constitution blocks such discrimination and ensures that all children benefit equally,” he stressed.
Mr Nkrumah encouraged individuals preparing wills to seek legal guidance to avoid future disputes and to ensure that their dependents are adequately catered for after their passing.
