In Ghana, a child's right to inherit their parent's land and property is not automatic — it depends on the type of marriage, whether there's a will, and sometimes which ethnic group the family belongs to. Here's how to ensure your children are protected.
Children's Rights Under PNDC Law 111
When a parent dies without a will, PNDC Law 111 (Intestate Succession Law) gives children the right to inherit. Children receive 9/16 of the estate when there is also a surviving spouse.
Importantly, the law protects ALL children equally, including:
- Children born within marriage
- Children born outside marriage (if acknowledged by the deceased)
- Adopted children (if legally adopted)
Children born outside marriage who were never acknowledged have no automatic rights under the law — though they can petition the court.
The Customary Law Conflict
Ghana has two parallel inheritance systems that sometimes conflict:
Patrilineal Communities
In most of Northern Ghana and among the Ga people, property passes through the father's line. Children (especially sons) are expected heirs under customary law.
Matrilineal Communities
Among the Akan (Ashanti, Fante, Akyem, etc.) — roughly half of Ghana — traditional inheritance passes through the mother's line. Under pure customary law, a man's property would pass to his nephew (sister's son), not his own children.
PNDC Law 111 overrides this — it gives children priority. But in practice, extended family members sometimes use customary arguments to deny children their inheritance, especially in rural areas.
The House: Special Protection
PNDC Law 111 gives children a special right regarding the family home:
- If the deceased owned a house that was used as the family home, the surviving spouse and children have the right to continue living there
- The house cannot be sold or rented out from under them while they choose to live there
- Only after the surviving spouse and children choose to leave can the house be distributed as part of the estate
Land vs Other Property
Land can be particularly complex because:
- Stool/family land can't be individually inherited — the family retains rights
- Registered freehold/leasehold land passes through the estate normally
- Unregistered land is harder to transfer to children without dispute
Protecting Your Children: What To Do Now
- Write a will. This is the single most effective protection. A will allows you to specify exactly what each child receives. Cost: GHS 500-2,000. Read our complete will writing guide.
- Register all land. Registered land is easier to transfer to children after your death.
- Title land in your name. Land in your personal name (not family name) passes more cleanly to your children.
- Acknowledge all your children. If you have children outside marriage, formally acknowledge them while alive.
- Tell your children about your assets. Many estates are lost because children don't know what assets existed.
What If the Extended Family Objects?
If extended family challenges your children's inheritance:
- Your children can apply for Letters of Administration to become legal administrators
- With LA, they have legal authority to collect and distribute the estate
- Courts will enforce PNDC Law 111 against customary claims
- A lawyer can obtain an injunction if family members are removing or hiding assets
Use our free Estate Administration Guide for a personalized roadmap. Read about intestate succession law and getting Letters of Administration.