When a Ghanaian dies without a will, the distribution of their estate is governed by the Intestate Succession Law (PNDC Law 111). This law was enacted in 1985 to protect spouses and children from being disinherited by extended family — a problem that was devastatingly common under customary law.
What is PNDC Law 111?
Before this law, when a person died intestate (without a will), their property was distributed according to customary law. In many Ghanaian cultures, this meant the deceased's family — not the spouse and children — inherited everything. Widows were often evicted from their own homes.
PNDC Law 111 changed this by establishing a clear formula for distribution.
How the Estate is Distributed
Under PNDC Law 111, the estate is divided as follows:
If the deceased left a spouse and children:
- Spouse: 3/16 of the estate
- Children: 9/16 of the estate (shared equally)
- Surviving parent: 1/8 of the estate
- Family (customary): 1/8 of the estate
If the deceased left a spouse but no children:
- Spouse: 1/2 of the estate
- Surviving parent: 1/4 of the estate
- Family (customary): 1/4 of the estate
If the deceased left children but no spouse:
- Children: 3/4 of the estate (shared equally)
- Surviving parent: 1/8 of the estate
- Family (customary): 1/8 of the estate
The Household Chattels and House
Importantly, certain items are distributed BEFORE the estate is divided:
- Household chattels (furniture, appliances, etc.) go directly to the surviving spouse and children
- If the deceased owned a house, the spouse and children have the right to live in it. The house cannot be sold or rented out from under them while they choose to live there.
This provision is one of the most important protections in the law. It prevents the common practice of family members evicting widows and children.
Who is a "Spouse" Under the Law?
Only a spouse in a legally recognized marriage qualifies. This means:
- Marriages under the Marriage Ordinance (Cap 127)
- Marriages under the Marriage of Mohammedans Ordinance (Cap 129)
- Customary marriages that have been registered
Cohabitation or informal relationships do not count. This is a critical point — many Ghanaians live together without formal marriage and assume their partner will inherit. They won't, unless there's a will.
Children's Rights
All children of the deceased have equal rights under the law, including:
- Children from the marriage
- Children from previous relationships
- Adopted children (legally adopted)
However, children born outside marriage must be acknowledged by the deceased during their lifetime to have inheritance rights.
Common Problems with Intestate Succession
- Family interference: Extended family members may seize property before the law can be applied, especially in rural areas.
- Multiple spouses: Where there are multiple wives (some customary, some not legally recognized), disputes are almost guaranteed.
- Hidden assets: Family members may conceal bank accounts, property, or businesses.
- Unregistered marriages: The surviving partner may discover their marriage was never legally registered.
- Delayed court action: The longer you wait to apply for Letters of Administration, the more likely assets will disappear.
How to Apply for Letters of Administration
To distribute an intestate estate legally, someone must apply for Letters of Administration (LA) from the High Court. The court appoints an administrator who has legal authority to collect, manage, and distribute the estate.
Use our free Estate Administration Guide to get a personalized roadmap based on your situation. Learn more about the estate settlement process.
The Best Protection: Write a Will
PNDC Law 111 is a safety net, but it's not ideal for everyone. The fractions may not match what the deceased would have wanted. The only way to ensure your assets go exactly where you want is to write a valid will.
A simple will costs GHS 500-2,000 with a lawyer and can save your family years of court battles and hundreds of thousands of cedis in legal fees.