A person who dies without making any Will is deemed to have died intestate. When this occurs the assets of the deceased is distributed in accordance with the applicable intestate succession laws within the jurisdiction.

In Ghana, before the year 1985, the estate of a deceased who died intestate was distributed in accordance with the deceased family customary laws.

To foster uniformity in distribution of deceased assets, in 1985, Intestate Succession Act, 1985 (PNDC Law 111) was enacted. The Act was created a uniform system of distributing assets of a deceased who dies intestate.

DISTRIBUTION OF ASSETS UNDER THE PNDC LAW 111

House Chattels

If the deceased is survived by a Spouse and Child or Spouse or Child all the House Chattels pass to them absolutely. House Chattels includes: TV, Vehicle, furniture, electronic gadgets etc.

Intestate Survive by Spouse and Child.

Where deceased is survived by a Spouse and Child and had only one property, it will devolves to the Spouse and Child. However, if the Deceased had more than one property the outstanding property shall be shared in the following manner:

The residue properties will be shared in the following manner:

  1. 3/16th to the surviving spouse
  2. 9/16th to the surviving child
  3. 2/16th to the Surviving parent
  4. 2/16th in accordance with customary law.

Intestate survived by spouse only

Where the intestate is survived by spouse only the residual estate shall be shared in the following manner:

  1. ½ to the surviving spouse
  2. ¾ to the surviving parent
  3. ¾ in accordance with customary law

Intestate survived by child only

  1. 6/8 to the surviving Child
  2. 1/8 to the surviving parent
  3. 1/8 in accordance with customary law

Intestate survived by parent only

  1. ¾ to the Surviving parent
  2. ¼ in accordance with customary law

It is instructive to note that the above mode of distribution does not cover stool, Skin or family property. It only applies to self-acquired property of the deceased who died intestate.

The assets of the deceased can only be distributed in accordance with the above upon Applying For Letters Of Administration In Ghana.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.