Codicil to Will (Ghana)

A Codicil to Will in Ghana records a formal alteration to a will, varying named provisions while keeping the remainder in force. It directs the distribution of the testator's estate to named beneficiaries upon death.

The Wills Act 1971 (Act 360) is the primary statute governing testamentary succession for persons of any faith who choose to dispose of their property by a formal written Will in Ghana. Section 1 of Act 360 permits any person who has attained the age of 18 years and is of sound mind to make a Will. Section 8 of Act 360 allows the testator to alter or revoke a Will or any part of a Will by a duly executed codicil. The Intestate Succession Law 1985 (PNDCL 111) governs the distribution of property where a person dies without a valid Will; a properly executed codicil helps confirm that the testator's intentions are recorded and honoured, preventing intestacy disputes before the High Court (Probate Division) in Accra.

A Codicil to Will (Ghana) is particularly useful in the following circumstances: where the testator wishes to appoint a new executor following the death, incapacity, or unwillingness to act of an existing executor; where the testator wishes to add a new beneficiary — for example, a child born after the original Will was executed; where the testator wishes to change a bequest — for example, substituting one specific item of property for another; where the testator wishes to revoke a bequest to a beneficiary who has died or who the testator no longer wishes to benefit; or where the testator wishes to add or change the guardianship provisions for minor children under the Children's Act 1998 (Act 560).

A Codicil to Will in Ghana must satisfy the same formalities as the original Will under the Wills Act 1971 (Act 360): it must be in writing; it must be signed by the testator at the foot or end of the document in the presence of two or more witnesses who are both present at the same time; and the two witnesses must each sign the codicil in the presence of the testator. A witness to a codicil (like a witness to a Will) cannot benefit under the codicil or the Will. The codicil does not need to be notarised or registered to be valid, but registration at the Deeds Registry of the Lands Commission of Ghana is recommended to create a public record.

The Administration of Estates Act 1961 (Act 63) governs the administration of the estate of a deceased person in Ghana, including the process of proving a Will and codicil before the High Court (Probate Division) in Accra through the grant of probate. The executor named in the Will (and any codicil) must apply to the Probate Division for a Grant of Probate, presenting the original Will and all codicils together for the court's approval.

A Codicil to a Will in Ghana is needed whenever a testator who has already executed a valid Will under the Wills Act 1971 (Act 360) wishes to make a change that does not require rewriting the entire Will.

A Codicil to a Will is required when an executor named in the original Will has died, has become mentally or physically incapacitated, or has indicated that they are unwilling to act as executor — requiring the testator to appoint a replacement executor without redoing the entire Will.

A Codicil is needed when a testator has a new child, grandchild, or other dependent after executing the original Will and wishes to add that person as a beneficiary or to adjust the distribution among existing beneficiaries under the Intestate Succession Law 1985 (PNDCL 111) principles.

A Codicil is required when the testator wishes to change a specific bequest — for example, where a property bequeathed in the Will has been sold or transferred during the testator's lifetime, and the testator wishes to substitute a different asset of equivalent value for the original bequest.

A Codicil is needed when a testator wishes to update the guardianship provisions for minor children under the Children's Act 1998 (Act 560), for example because the originally named guardian has died, emigrated, or is no longer suitable.

A Codicil is required when a beneficiary named in the Will has predeceased the testator, and the testator wishes to name a substitute beneficiary to prevent that portion of the estate from falling into residue or being subject to the Intestate Succession Law 1985 (PNDCL 111).

A Codicil is needed when a testator who made a Will before marriage or divorce wishes to make limited updates, noting that under Section 10 of the Wills Act 1971 (Act 360), marriage does not automatically revoke a Will in Ghana as it does in some other jurisdictions, though parties should seek legal advice on the effect of marriage or divorce on their Will.

Parties in Ghana should consult a lawyer enrolled with the Ghana Bar Association before executing a codicil, particularly where the changes are substantial or where the original Will is complex.

A valid Codicil to a Will in Ghana under Section 8 of the Wills Act 1971 (Act 360) must contain the following essential elements.

Identification of the Testator and Original Will: Full legal name and residential address of the testator, and an accurate description of the original Will being amended — including the date of execution of the original Will and the name(s) of the witnesses to the original Will. This cross-reference confirms the codicil is clearly connected to the correct original Will.

Statement of Purpose: A clear opening statement that the document is a codicil to the testator's Will dated [date], and that all other provisions of the original Will not expressly amended by the codicil remain in full force and effect.

Amendments: A precise description of each amendment — using numbered clauses — specifying: (a) Revocation clauses — identifying the specific clause, bequest, or appointment in the original Will that is revoked, using the exact words of the original Will where possible; (b) Addition clauses — setting out the new bequest, appointment, or instruction being added to the Will; and (c) Substitution clauses — identifying what is being removed and what replaces it.

Confirmation of Original Will: A clause expressly confirming and republishing the original Will in all other respects, making clear that only the specified amendments are made.

Date: The date on which the codicil is executed, which must be on or after the date of the original Will.

Testator's Signature: The signature of the testator at the foot or end of the codicil, or by the testator's direction if the testator is physically unable to sign, in the presence of both witnesses simultaneously.

Witnesses: Two independent adult witnesses (not beneficiaries under the Will or the codicil) who are both present when the testator signs, and who each sign the codicil in the testator's presence. Each witness should state their full name, address, and occupation. Under Act 360, a witness who is also a beneficiary under the Will or codicil forfeits the benefit.

Registration: Although not required by the Wills Act 1971 (Act 360) for validity, registration of the codicil at the Deeds Registry of the Lands Commission of Ghana and lodging a copy with the testator's solicitor is recommended to create a secure record accessible to the executor for the probate application before the High Court (Probate Division). Forms-legal.com provides this template as a starting point for Ghana-compliant codicil documentation.

Compliance elements for the Codicil to Will (Ghana) include: confirming the testator's capacity (age 18+, sound mind) at the time of execution under Section 1 of Act 360; confirming witnesses are independent; and coordinating the codicil with the existing Will and any earlier codicils in the testator's estate plan.

Additional compliance elements for a Codicil to Will (Ghana) used in Ghana include: Under the Wills Act 1971 (Act 360), the High Court of Ghana has jurisdiction over probate. Section 2 of the Wills Act 1971 sets formal requirements for valid wills. The Intestate Succession Law 1985 (PNDC Law 111) provides for surviving spouse, children, and parents. The Administration of Estates Act 1961 (Act 63) governs estate administration. The Head of Family Accountability under the PNDC Law 111 protects family property interests. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.