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Why You Should Have a Will in Ghana

26 Jun 2026

4 min read

One of the most common causes of family disputes after a person dies is the absence of a will. Without one, you lose control over who inherits your property, and the law steps in to decide for you, sometimes in ways you would not have wanted.

A properly prepared will allows you to decide who inherits your property, appoint trusted people to administer your estate, and reduce uncertainty for the people you leave behind.

This guide provides general legal information only and does not assess individual circumstances.

What This Guide Explains

This guide explains:

  • What a will is under Ghanaian law
  • Why making a will is important
  • What happens if you die without a valid will
  • The key rules on witnesses and beneficiaries
  • Common myths about wills

What Is a Will?

A will is a legal document that sets out how a person's property should be distributed after their death.

In Ghana, wills are governed primarily by the Wills Act, 1971 (Act 360).

With a will, you can decide:

  • Who should inherit your money, land, house, and other property
  • Who should administer your estate (known as your executor)
  • Who should care for your minor children
  • Your funeral wishes (although, under Ghanaian customary practices, family members generally retain the final say regarding burial arrangements)

Key Features of a Will

It Only Takes Effect After Death

A will has no legal effect while you are alive. You remain free to use, sell, or give away your property during your lifetime.

You Remain in Control

A will allows you to decide who receives your property, rather than leaving those decisions to the law.

It Can Be Changed

You may amend or revoke your will at any time.

Updating your will is often advisable after major life events, such as when you acquire significant property.

Your Wishes Are Legally Recognised

If your will is valid, the courts will generally give effect to your wishes, even if others disagree with them.

For a professionally drafted example, browse Niellégal's Will Template.

Why Making a Will Matters

You Remain in Control

If you die without a valid will, your estate will generally be distributed according to the Intestate Succession Law, 1985 (PNDCL 111), rather than your personal wishes.

You Protect the People Who Matter Most

A will enables you to:

  • Provide for your spouse, children, and dependants
  • Appoint guardians for minor children
  • Give clear instructions that reduce uncertainty for your family

You Choose Who Benefits (And Who Doesn’t)

A will allows you to decide who should inherit your property.

However, Ghanaian law also allows certain people, such as a minor child, to apply to the court if reasonable provision has not been made for them.

You Reduce the Risk of Family Disputes

Disagreements over inheritance are common, particularly where no will exists.

A properly prepared will helps:

  • Reduce uncertainty
  • Minimise family conflict
  • Make the administration of your estate smoother

What Happens If You Die Without a Will?

A person who dies without a valid will is said to have died intestate.

In that situation, the estate is distributed according to the Intestate Succession Law, 1985 (PNDCL 111), rather than according to the deceased person's wishes.

Who Inherits Under Intestacy?

Under PNDCL 111, the main beneficiaries are:

  • Your spouse
  • Your children
  • Your parents

The exact shares depend on your family situation.

Key Rules to Know

Under the law:

  • Your spouse and children are entitled to your household items, such as furniture and clothing
  • If you have one house, your spouse and children are entitled to it
  • If you have more than one house, your spouse and children are entitled to at least one

  • If you have no family, the State may step in to administer your estate

Why This Matters

Even though the law exists, many families still follow customary practices instead. This can lead to unfair situations, especially for spouses.

Making a valid will remains the most reliable way to ensure your wishes are respected.

Witnesses and Beneficiaries: Important Rules

The rules governing witnesses are extremely important. Failure to comply with them may invalidate gifts made under your will.

Who Can Be a Witness?

A witness must:

  • Be an adult capable of entering into a contract
  • Be present when the person making the will (i.e. the testator) signs or acknowledges their signature
  • Sign the will in the presence of the testator

A witness does not need to see or know the contents of the will.

Who Cannot Be a Witness?

  • Anyone who is receiving property under the will (i.e. a beneficiary)

  • The spouse of a beneficiary

What Happens if a Beneficiary Acts as a Witness?

If a beneficiary acts as one of two witnesses, the gift to that beneficiary is generally void (i.e. they inherit nothing).

An exception exists where the beneficiary is also a creditor and the will merely directs payment of an existing debt.

Good practice: Always use two independent witnesses who are neither beneficiaries nor married to beneficiaries. Use a third witness if you are unsure.

Can an Executor Act as a Witness?

Yes. A person appointed as an executor may also witness the will.

Special Rule for Blind or Illiterate Testators

Where the testator is blind or illiterate, a competent person must:

  • Read over and explain the contents of the will to the testator; and

  • Declare in writing on the will that this was done and that the testator appeared to understand the contents before signing.

This written declaration is known as the jurat.

Common Myths About Wills

  • "I don't own enough property to need a will" - Anyone with assets (even a bank account, car, or small piece of land) should have a will.
  • "My wife and children will automatically inherit everything" - Not necessarily. If you die without a will, the law determines how your estate is distributed. Under customary law, extended family may claim rights over your property.
  • "I'm too young to make a will" - In Ghana, a person may generally make a will from the age of 18.
  • "Making a will is expensive" - A simple will is often affordable. A simple will is often far less expensive than the disputes and legal proceedings that can arise when no will exists.
  • "I can simply tell my family what I want" - Oral instructions are not legally binding. Only a valid written will is enforceable.
  • "Making a will means I'm going to die soon" - A will is simply good planning. Like insurance, it is something you hope not to need for a long time.
  • "Any family member can witness my will" - Yes, but if that family member is also a beneficiary, their gift may be void.

Why This Matters

Understanding what a will is and why it matters helps you:

  • Take control of how your property is distributed

  • Protect your loved ones from unnecessary disputes

  • Ensure your wishes are honoured after your death

  • Avoid the uncertainty and potential unfairness of intestacy

Planning ahead today can save your family unnecessary uncertainty, expense, and conflict tomorrow.

Where to Get Help

  • Qualified lawyers – for will drafting and estate planning
  • High Court – for depositing wills and applying for probate

Important Note

This guide provides general legal information for educational purposes only. Laws may have changed since this guide was last updated. For specific legal advice about your situation, please consult a qualified lawyer. Accessing or using this information does not create a lawyer–client relationship.

 

Last updated: April 2026