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    Equity 2 - PNDCL 111

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    August Kave
    PNDC Law 111 governs intestate succession in Ghana and seeks to protect the nuclear family including spouses and children. It provides a uniform standard for distributing a deceased's self-acquired property when they die without a will. PNDC Law 111 does not apply to family, stool or skin properties. If only part of a deceased's property is not covered by a will, the remaining portion will be distributed according to PNDC Law 111. The law recognizes the rights of spouses and children, with one house and personal household items given exclusively to the spouse and children. Other dependents such as parents may make claims through other legislation such as the Wills Act.

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    Equity 2 - PNDCL 111

    Uploaded by

    August Kave
    133 views3 pages
    PNDC Law 111 governs intestate succession in Ghana and seeks to protect the nuclear family including spouses and children. It provides a uniform standard for distributing a deceased's self-acquired property when they die without a will. PNDC Law 111 does not apply to family, stool or skin properties. If only part of a deceased's property is not covered by a will, the remaining portion will be distributed according to PNDC Law 111. The law recognizes the rights of spouses and children, with one house and personal household items given exclusively to the spouse and children. Other dependents such as parents may make claims through other legislation such as the Wills Act.

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    Equity 2 - Pndcl 111

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    PNDC Law 111 governs intestate succession in Ghana and seeks to protect the nuclear family including spouses and children. It provides a uniform standard for distributing a deceased's self-acquired property when they die without a will. PNDC Law 111 does not apply to family, stool or skin properties. If only part of a deceased's property is not covered by a will, the remaining portion will be distributed according to PNDC Law 111. The law recognizes the rights of spouses and children, with one house and personal household items given exclusively to the spouse and children. Other dependents such as parents may make claims through other legislation such as the Wills Act.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    133 views3 pages

    Equity 2 - PNDCL 111

    Uploaded by

    August Kave
    PNDC Law 111 governs intestate succession in Ghana and seeks to protect the nuclear family including spouses and children. It provides a uniform standard for distributing a deceased's self-acquired property when they die without a will. PNDC Law 111 does not apply to family, stool or skin properties. If only part of a deceased's property is not covered by a will, the remaining portion will be distributed according to PNDC Law 111. The law recognizes the rights of spouses and children, with one house and personal household items given exclusively to the spouse and children. Other dependents such as parents may make claims through other legislation such as the Wills Act.

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    EQUITY 2 – INTESTATE SUCCESSION (PNDC LAW 111)

    Background & Objective

     PNDCL 111 is connected with other pieces of legislation – i.e. Customary Marriage
    and Divorce (Registration) PNDCL 112; the Administration of Estates (Amendment)
    Law (PNDCL 113); and the Head of Family Accountability Law (PNDCL 114)

     PNDCL 111 seeks to protect the nuclear family (spouse/husband, wife) and children
    who hitherto had been disadvantaged on the death of a person intestate. Also, the
    law provides a uniform standard for dealing with intestate succession in Ghana
    particularly in relation to self-acquired property of the deceased – see
    Memorandum to the law; ss. 2(1) & 18; Kwako v Tawiah [2001-2002] SCGLR 461.

    Scope of PNDCL 111

     PNDCL 111 does not apply to family, stool or skin properties – see s. 1(2).

     PNDCL 111 does not consider the type of marriage in terms of distribution of
    property and, as a result, has repealed ss. 48 & 10 of the Marriage Ordinance (Cap
    127) and the Mohammedans Marriage Ordinance.

     Where all of the deceased’s property is not covered by a will upon death the rest of
    that portion of the property falls into partial intestacy to be distributed in
    accordance with PNDCL 111 - see s. 2 (2); Kwako v Tawiah (supra)

    Partial Intestacy & Wills (samansiw) – see ss. 2 and 18 (meaning of a will); Kwako v Tawiah
    (supra).

    Pre-PNDCL 111 Devolution of Estate

     See Armah v Armah [1992] 2 GLR 53; Giwah v Ladi [2013-2014] 2 SCGLR 1139 as
    distinguished in In Re Asamoah (Dec’d) Agyeiwaa & Ors v Manu [2013-2014] 2
    SCGLR (Holding 6) – case originated in 1972 (13 years prior to PNDCL 111; Ansaba v
    Mbeah & Ors [2010-2012] 1 GLR 682; Agyentoa v Owusu [2005-2006] SCGLR 383

    Nuclear Family

     One house is exclusively given to a spouse and child/children

     Household chattels - e.g. furniture, books, jewellery, clothes, livestock, home


    appliances.
     Cars/vehicles (privately owned by the deceased).
     Where there is more than one house, a surviving spouse and children have priority
    over all others before the remainder can be shared.

     Distribution of remainder of property should be equal.

    See: Appau v Ocansey [1993-94] 2 GLR 271; Yakah & Anor v Uboh [2008-2009] GLR
    166; Mensah v Mensah (No.2)

    Who is a Spouse?

     See Essilfie v Quarcoo [1992] 2 GLR

     Recognition should be given to the nature of the types of marriage in Ghana namely:
    Marriage Ordinance – monogamous; Customary marriage – potentially polygamous;
    and Mohammedans marriage – potentially polygamous but up to 4 wives.

    Who is a Child?

     Under common law distinction is made between a legitimate and illegitimate child
    with the latter disabled from benefitting from the estate of the father upon death
    intestate.

     Under Ghanaian law, a child is anybody recognised as such by the deceased during
    his lifetime. Therefore, illegitimate child is unknown to Ghanaian law.

    See: In Re Koranteng-Addow (Dec’d); Koranteng-Addow v Addow [1992] 1 GLR 370;


    Yakoah & Anor v Uboh (supra) [2008-2009] 1 GLR 166; Coleman v Shang (supra)

    Other Legislation Protecting Women and Children

     Article 22 (1) of the Constitution, 1992 (spousal right to property).

     Article 28(b) & (c) of the Constitution, 1992

     Children’s Act, 1998 (Act 560) – see ss. 2 (the welfare principle), 7 (right to parental
    property), 76 (devolution of property on intestacy, including an adopted child) & 124
    (definition of a parent)

     Wills Act – s. 13 (1) (reasonable provision for dependants – spouse, child, father and
    mother of the spouse)

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