One of the most important questions in estate planning for Ghanaian parents is: what happens to property I leave my minor children if I die? Who manages it? Can family members take it? Here is how Ghana's law protects children's inheritance.
Can Minors Own Property in Ghana?
Yes. Minors can legally own property in Ghana, including land. However, because they are under 18 (the age of majority), they cannot manage property themselves — they cannot sign contracts, appear in court as a party, or deal with property independently. An adult must act on their behalf.
The Trustee System
When property is left to a minor, it is typically held "in trust" by an adult trustee until the child reaches 18 (or another age specified in the will). The trustee:
- Holds legal title to the property on the minor's behalf
- Manages the property in the minor's best interest
- Cannot sell, mortgage, or deal with the property except as permitted by the trust terms or court order
- Must account for any income from the property (e.g., rent)
- Transfers the property to the child when they reach the specified age
Appointing a Trustee in Your Will
The most important thing you can do as a parent is appoint a trustee in your will for any property you are leaving to your minor children. Without this, the court will appoint someone — which may not be who you would have chosen.
When choosing a trustee:
- Choose someone you trust completely with financial matters
- Consider appointing two trustees (to provide a check on each other)
- Specify powers given to the trustee (can they invest? rent out property?)
- Consider appointing a backup trustee in case the first one cannot act
What If There Is No Will?
If a parent dies intestate (without a will), under PNDC Law 111 the children receive a share of the estate. For minor children, the surviving parent or court-appointed administrator manages the inheritance until the child comes of age.
This is a significant vulnerability: without a will and named trustee, a family member acting as administrator could mismanage or misappropriate the child's inheritance. Courts are involved but not proactively monitoring.
Court Oversight
The High Court has jurisdiction to:
- Appoint a trustee if none was named in the will
- Remove a trustee who is acting improperly
- Authorize a trustee to sell property if it is in the child's best interest
- Make orders for the maintenance of minor children from the estate
Protecting a Child's Inheritance: Practical Steps
- Make a will — name your children as beneficiaries and name trustees for any minor children
- Specify the trust terms — at what age should they receive the property? Can the trustee use income for education and maintenance?
- Register property in both names where possible — "John Doe (in trust for James Doe, minor)"
- Take out life insurance naming the trustees as beneficiaries for the benefit of your children
- Review your will as children grow up — when they reach 18, update arrangements
Misappropriation: What Can Be Done
If you believe a trustee or family member is misappropriating a child's inheritance:
- Apply to the High Court to remove the trustee and appoint another
- The court can order the trustee to account for all transactions
- Criminal prosecution is possible for theft or fraud
Act quickly — delayed intervention allows more assets to disappear.
Use our free Estate Administration Guide. Read about writing a valid will and intestate succession rules.