Customary Law Will (Ghana)

A Customary Law Will in Ghana records how an individual's assets are to pass to named beneficiaries once it takes effect on death. It directs the distribution of the testator's estate to named beneficiaries upon death.

The Wills Act 1971 (Act 360) governs the making of wills by persons domiciled in Ghana. Section 2 of Act 360 requires that a will be in writing, signed by the testator or by a person in the testator's presence and by the testator's direction, and attested by at least two witnesses who are present at the same time when the testator signs or acknowledges the signature. A beneficiary or the spouse of a beneficiary must not act as a witness, otherwise the gift to that beneficiary lapses. The High Court (Probate Division) in Accra, Kumasi, Tamale, and other regional capitals grants probate and letters of administration under the Administration of Estates Act 1961 (Act 63).

Ghana operates a dual legal system for succession. The Intestate Succession Act 1985 (PNDCL 111) governs the distribution of the estate of a person who dies without a valid will, providing fixed shares to the spouse (3/16), children (9/16), parents (1/8), and customary family (1/8). A Customary Law Will allows the testator to depart from these fixed shares and provide for beneficiaries — including dependants not recognised under PNDCL 111 — in the proportions the testator considers appropriate.

Customary law in Ghana distinguishes between self-acquired property (which the testator is free to bequeath by will) and family or ancestral property (which cannot be devised by will and remains subject to customary inheritance rules). The applicable customary law depends on the testator's ethnic group: Akan (matrilineal — family property devolves to maternal lineage), Ga-Dangme (patrilineal), Ewe (patrilineal), Northern groups (varies by community). A Customary Law Will must be drafted with care to avoid inadvertently purporting to bequeath property that is subject to customary family ownership.

The Customary Marriage and Divorce (Registration) Act 1985 (PNDCL 112) is relevant where the testator has contracted a customary marriage, since a customary spouse has inheritance rights under PNDCL 111 and Act 360. Parties executing a Customary Law Will in Ghana should consider having the will registered at the High Court (Probate Division) and may deposit the will with a licensed custodian for safekeeping.

The legal framework governing the Customary Law Will (Ghana) in Ghana draws on several key statutes and regulatory bodies. 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. Parties executing a Customary Law Will (Ghana) in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Wills Act 1971 (Act 360) sets the foundational requirements.

A Customary Law Will in Ghana is needed in the following circumstances.

A Customary Law Will is required when a person domiciled in Ghana wishes to confirm that their self-acquired property — including land, buildings, bank accounts, shares in companies registered with the Office of the Registrar of Companies (ORC), vehicles, and personal effects — is distributed in accordance with their wishes rather than the fixed shares prescribed by the Intestate Succession Act 1985 (PNDCL 111).

A Customary Law Will is needed when a testator in Ghana wishes to make provision for a customary spouse, a partner in a cohabitation relationship, or a child who may not be recognised under PNDCL 111, confirming that person receives a defined share of the estate.

A Customary Law Will is required when a testator wishes to appoint a specific person — rather than a court-appointed administrator — as the executor of their estate, to manage the estate and distribute assets to the beneficiaries named in the will without the delays of intestate administration proceedings before the High Court (Probate Division).

A Customary Law Will is needed when a testator in Ghana has business interests — including a sole proprietorship registered with the Registrar General, a partnership, or shares in a private limited company under the Companies Act 2019 (Act 992) — and wishes to specify how those interests will be transferred or wound up after death.

A Customary Law Will is required when a testator wishes to appoint a guardian for minor children, since the appointment of a guardian by will is given significant weight by the High Court of Ghana in guardianship proceedings under the Children's Act 1998 (Act 560).

Parties should execute a Customary Law Will proactively and store it in a safe place with a trusted executor, solicitor, or at the High Court registry. Courts apply the written terms of a valid will rather than later oral instructions, and a lost will creates the same legal position as dying intestate.

Parties in Ghana should prepare a Customary Law Will (Ghana) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. 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. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Customary Law Will in Ghana under the Wills Act 1971 (Act 360) must contain the following essential elements.

Testator Identification: Full legal name, address, Ghana Card number (issued by the National Identification Authority under the National Identification Authority Act 2006 - Act 707), date of birth, and ethnic group (to establish the applicable customary law) of the testator.

Declaration of Sound Mind: A clear declaration that the testator is of sound mind, memory, and understanding and is executing the will voluntarily and free from undue influence. Courts scrutinise capacity where a will is challenged before the High Court (Probate Division).

Revocation Clause: A statement revoking all prior wills and testamentary documents to avoid ambiguity. Under Section 8 of Act 360, a subsequent will revokes an earlier will to the extent of any inconsistency.

Executor Appointment: The full name and address of the executor(s) appointed to administer the estate. A sole executor or up to four executors may be appointed. The executor applies to the High Court (Probate Division) for a Grant of Probate under the Administration of Estates Act 1961 (Act 63).

Guardian Appointment: Where the testator has minor children, the appointment of a guardian under the Children's Act 1998 (Act 560) should be included.

Bequests of Self-Acquired Property: Clear description of each item of self-acquired property and the beneficiary to whom it is bequeathed. Land should be described by plot number, locality, and any Land Title Certificate issued by the Lands Commission under the Land Title Registration Act 1986 (PNDC Law 152) or the Land Act 2020 (Act 1036). Bank accounts should identify the bank (licensed by the Bank of Ghana) and account number.

Family Property Disclaimer: A statement acknowledging that family or ancestral property subject to customary ownership is not disposed of by this will and will devolve according to the applicable customary law.

Residual Estate: A residual clause disposing of all property not specifically bequeathed to a named beneficiary or the executor's estate.

Execution Formalities: The will must be signed by the testator (or another person at the testator's direction and in their presence) and attested by at least two witnesses who are simultaneously present, in compliance with Section 2 of Act 360. Witnesses must not be beneficiaries or spouses of beneficiaries. A solicitor enrolled with the Ghana Bar Association should be engaged to supervise execution.

Forms-legal.com provides this template as a starting point for Ghana-compliant testamentary documentation. The Customary Law Will must reflect the testator's true intentions and should be reviewed by a Ghanaian solicitor experienced in estate planning.

Additional compliance elements for a Customary Law 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.