Simple Will (Ghana)

A Simple Will in Ghana sets out a testator's final wishes for the disposition of property and the appointment of beneficiaries and executors. It directs the distribution of the testator's estate to named beneficiaries upon death.

Section 2 of the Wills Act 1971 (Act 360) sets out the core requirements for a valid will in Ghana: the testator must be at least eighteen years old or a married person of any age; the will must be in writing; the testator must sign the will or direct another person to sign it in their presence; and the signature must be made or acknowledged by the testator in the presence of two or more witnesses who are present at the same time and who subscribe the will in the testator's presence. A will that does not comply with these requirements is void under Section 2 of Act 360.

Ghana operates a dual land tenure system under the Land Act 2020 (Act 1036), which recognises both statutory freehold and customary land rights. Family or stool land held under customary tenure may be governed by customary inheritance rules applicable in the relevant community, which can operate alongside or in tension with a written will. The Administration of Estates Act 1961 (Act 63) governs the administration of estates of deceased persons, including the grant of probate to an executor and letters of administration where no executor is named. Probate applications are made to the High Court (Probate Division) in Accra or to the appropriate regional High Court.

The Intestate Succession Act 1985 (PNDCL 111) applies to all property of a deceased Ghanaian who dies without a valid will. Under PNDCL 111, the surviving spouse receives a specified share, children receive a specified share, and the residue passes to the surviving parent or other family members according to a statutory formula. A Simple Will allows the testator to override the PNDCL 111 default rules and direct the distribution of their estate in accordance with their own wishes, subject to the rights of any dependants recognised under Ghanaian law.

The Children's Act 1998 (Act 560) governs the welfare of children in Ghana. Where a testator appoints a testamentary guardian for minor children in a Simple Will, the appointment is recognised under Act 560, and the appointed guardian assumes parental responsibility for the children upon the testator's death. The Family Tribunal and the High Court (Family Division) retain jurisdiction to review guardianship appointments in the best interests of the child.

A Simple Will in Ghana may cover movable property — including bank accounts held with banks licensed by the Bank of Ghana (BoG), motor vehicles registered with the Driver and Vehicle Licensing Authority (DVLA), shares in companies registered with the Office of the Registrar of Companies (ORC), and personal effects — as well as immovable property such as land registered at the Lands Commission under the Land Registration Act 1962 (Act 122) or the Land Title Registration Act 1986 (PNDCL 152). The Ghana Revenue Authority (GRA) may assess estate duty on the value of the estate. The Lands Commission administers the registration of title transfers arising from a deceased's estate.

A Simple Will in Ghana is needed whenever an adult wishes to control how their assets are distributed after death rather than allowing the Intestate Succession Act 1985 (PNDCL 111) to determine the outcome by default.

A Simple Will is required when the testator owns registered land in Ghana — whether freehold title registered at the Lands Commission under the Land Registration Act 1962 (Act 122) or leasehold title registered under the Land Title Registration Act 1986 (PNDCL 152) — and wishes to direct who inherits that property. Without a will, the land passes under PNDCL 111 to the statutory heirs, which may not reflect the testator's intentions.

A Simple Will is needed when the testator has minor children and wishes to appoint a testamentary guardian under the Children's Act 1998 (Act 560) to confirm that a trusted person assumes parental responsibility for the children if both parents die. Courts in Ghana give weight to the testator's expressed choice, though the High Court (Family Division) retains jurisdiction to act in the best interests of the child.

A Simple Will is required when the testator holds financial assets in Ghana — including savings or current accounts with Bank of Ghana-licensed commercial banks, shares in companies registered under the Companies Act 2019 (Act 992), or investment accounts — and wishes to designate specific beneficiaries rather than relying on statutory distribution rules.

A Simple Will is needed when the testator wishes to leave specific property to a person who would not receive it under the PNDCL 111 default rules — for example, a close friend, a charitable organisation registered with the Department of Social Welfare, or a religious body.

A Simple Will is required when the testator is a business owner and wishes to direct the succession of their interest in a partnership registered under the Incorporated Private Partnerships Act 1962 (Act 152), a private company registered under the Companies Act 2019 (Act 992), or a sole proprietorship registered with the Registrar General's Department (RGD).

A Simple Will should be reviewed and updated whenever the testator's personal or financial circumstances change significantly — for example, upon marriage, divorce, the birth of a child, the acquisition of major property, or the death of a named beneficiary or executor.

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

Testator Identification: Full legal name, residential address, and Ghana Card number or passport number of the testator. The testator must be at least eighteen years old or married, and must have testamentary capacity — meaning the testator must understand the nature of making a will, the extent of their property, and the claims of those who might reasonably expect to benefit.

Declaration of Revocation: A clear statement that this will revokes all previous wills and codicils. This prevents the existence of conflicting earlier wills, which could give rise to probate disputes before the High Court (Probate Division).

Appointment of Executor: The name and address of the executor who will apply for probate at the High Court (Probate Division), collect the estate assets, pay debts and liabilities including any tax assessed by the Ghana Revenue Authority (GRA), and distribute the net estate to the beneficiaries. A substitute executor should also be named in case the primary executor is unable or unwilling to act.

Specific Bequests: Description of specific items of property — including land identified by its Land Commission registration number or plot number, motor vehicles identified by DVLA registration, bank accounts identified by account number and bank name, and personal items — and the name and relationship of each beneficiary. Each specific bequest should be clearly described to avoid ambiguity.

Residuary Estate Clause: A clause directing who receives all property not covered by a specific bequest. The residuary clause confirms that no property passes on intestacy under PNDCL 111.

Guardianship of Minor Children: Where the testator has children under 18, appointment of a testamentary guardian under the Children's Act 1998 (Act 560), with a substitute guardian in case the primary guardian cannot act.

Execution Requirements: The will must be signed by the testator at the foot of the document in the presence of two witnesses who are simultaneously present and who sign the will in the testator's presence. Under Section 2 of the Wills Act 1971 (Act 360), a beneficiary or the spouse of a beneficiary should not act as a witness, as this may void the bequest to that beneficiary.

Witness Details: Full names, addresses, and signatures of both witnesses. Witnesses must be adults. A solicitor enrolled with the Ghana Bar Association is frequently used as one of the witnesses to confirm proper execution.

Forms-legal.com provides this Simple Will template as a starting point for individuals in Ghana. For estates involving significant value, customary land rights, or complex family circumstances, legal advice from a solicitor enrolled with the Ghana Bar Association and experienced in Ghanaian succession law is strongly recommended. The Intestate Succession Act 1985 (PNDCL 111) and the Administration of Estates Act 1961 (Act 63) establish the framework within which executors operate after death.

Additional compliance elements for a Simple 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.