Less than 10% of Ghanaians have a will. The other 90% are leaving their families vulnerable to disputes, delays, and potential poverty. Here's how to write a valid will in Ghana — and why it's the most important document you'll ever create.
Why You Need a Will
Without a will, your estate is distributed according to PNDC Law 111. This means:
- Your spouse gets only 3/16 of your estate (if you have children)
- The formula may not match what you want
- Your family gets a share — even if you're estranged from them
- Someone must apply for Letters of Administration (costly and time-consuming)
- Family members may fight over your property
A will lets YOU decide who gets what.
Types of Wills in Ghana
1. Written Will (Most Common)
A formal document that meets the requirements of the Wills Act 1971 (Act 360):
- Must be in writing
- Must be signed by the testator (the person making the will)
- Must be witnessed by at least 2 people who are NOT beneficiaries
- Witnesses must sign in the presence of the testator and each other
2. Nuncupative (Oral) Will
Ghana law allows oral wills in limited circumstances:
- Only for military personnel on active service
- Only for mariners at sea
- Requires witnesses
For everyone else, only a written will is valid.
What to Include in Your Will
- Your full name and address
- Declaration that this is your last will and testament
- Revocation clause — revokes all previous wills
- Appointment of executor(s) — the person(s) who will carry out your wishes
- Appointment of guardian — for minor children
- Specific gifts — particular items to particular people
- Residuary estate — what happens to everything else
- Funeral wishes (optional but helpful)
- Date and signature
- Witnesses' signatures, names, and addresses
What Can Be Challenged?
A will can be challenged on the grounds of:
- Lack of mental capacity: The testator wasn't of sound mind
- Undue influence: Someone pressured the testator
- Fraud or forgery: The will is fake
- Improper execution: Not properly signed or witnessed
- PNDC Law 111 claims: A spouse or child can claim reasonable provision if the will leaves them nothing
How to Make Your Will Bulletproof
- Use a lawyer. A lawyer ensures your will meets all legal requirements.
- Get a medical certificate if you're elderly or ill — this proves mental capacity.
- Choose reliable witnesses who are NOT beneficiaries.
- Store the original safely — with your lawyer, in a bank safe deposit box, or at the High Court Probate Division.
- Tell your executor where the will is kept.
- Review and update after major life events (marriage, divorce, new children, property changes).
Cost
- Simple will (lawyer-drafted): GHS 500-1,500
- Complex will (multiple properties, businesses, trusts): GHS 2,000-5,000
- DIY (template): Free, but risky if not properly executed
Where to Store Your Will
- With your lawyer (most common)
- Probate Division of the High Court (most secure — GHS 50-200 filing fee)
- Bank safe deposit box (make sure your executor has access)
- At home in a fireproof safe (least recommended — risk of loss or tampering)
Can You Write Your Own Will?
Yes — a handwritten will (holographic will) is valid in Ghana if properly witnessed. But mistakes in DIY wills are extremely common:
- Wrong witnessing procedure
- Ambiguous language
- Forgetting to revoke previous wills
- Not naming an executor
For GHS 500-1,500, a lawyer eliminates these risks. It's the best investment you can make for your family.
If someone has already died without a will, use our free Estate Administration Guide to understand your options. Read about getting Letters of Administration and estate settlement without a will.