When a husband or wife dies in Ghana, the surviving spouse is often among the most vulnerable people in the estate. Extended family members may descend on the home within days. Bank accounts may be frozen. Decades of joint effort can vanish overnight. Here's what the law says — and how to protect yourself.
The Matrimonial Home: Your Strongest Protection
PNDC Law 111 gives surviving spouses a powerful right: the right to remain in the matrimonial home.
If the deceased owned a house that the couple used as their family home, the surviving spouse (and children) cannot be removed from it while they choose to live there. This right exists regardless of:
- Whether the house is in the deceased's name alone
- What the will says (if there is one)
- What the extended family wants
- Whether Letters of Administration have been obtained
Anyone who tries to remove the surviving spouse or change the locks is acting illegally. Call the police and consult a lawyer immediately if this happens.
The 3/16 Share: What It Means
Under PNDC Law 111, when there is no will, the surviving spouse receives 3/16 of the estate (excluding the matrimonial home, which is treated separately).
This fraction surprises many people. On a GHS 500,000 estate, the spouse receives:
- 3/16 = GHS 93,750
- The children together receive 9/16 = GHS 281,250
- Parents: 1/16 = GHS 31,250
- Extended family: 3/16 = GHS 93,750
If there are no children, the spouse's share increases to 12/16 (75% of the estate).
Property Jointly Owned with the Deceased
If you and your spouse jointly owned property:
- Joint tenancy: The surviving spouse automatically inherits the deceased's share (right of survivorship). Present the death certificate and indenture to the Lands Commission to update the registration.
- Tenancy in common: The deceased's share forms part of their estate and is distributed according to the will or PNDC Law 111. It does NOT automatically go to you.
If you jointly own property, check how it is held. This is a critical detail that many couples never address.
Bank Accounts
- Joint accounts: The surviving spouse can continue to operate the account after presenting the death certificate
- Sole accounts: Frozen until Letters of Administration are obtained. The surviving spouse must go through the court process to access them.
Protecting Your Rights Against Extended Family
Extended family interference is common. Here's what you can do:
Immediately After Death
- Notify banks to freeze accounts (prevents unauthorized withdrawals)
- Change locks if necessary (you have the right to remain in the home)
- Document all assets with photographs
- Seek legal advice within the first week
Through the Legal Process
- Apply for Letters of Administration — this gives you legal authority over the estate
- If extended family removes assets, apply for an injunction and/or report to police
- File an inventory of all assets with the court
If You Are Not Legally Married
Partners who were never legally married have no rights under PNDC Law 111. This is a harsh but important reality:
- A partner in a long-term relationship (even decades) receives nothing unless there is a will
- Joint contributions to purchasing property may be claimed under trust law, but this requires court action and is uncertain
- The only protection is a valid will explicitly naming the partner as a beneficiary
What to Do Now (Before Death Occurs)
- Formalize your marriage — if you're not legally married, register your customary marriage or hold an ordinance ceremony
- Both partners write a will — specifying exactly what each receives
- Register jointly owned property correctly — decide joint tenancy vs tenancy in common
- Create a joint account for at least some assets to ensure the survivor has immediate access to funds
- Tell your spouse where all assets are — a common tragedy is a widow who doesn't know what accounts, policies, or land existed
Use our free Estate Administration Guide to navigate your situation. Read about the full PNDC Law 111 formula and how to write a will.