The applicable sections provided that:. The deceased left behind a wife, a daughter and members of his extended family. The wife applied for and was granted Letters of Administration. The wife then went ahead to distribute the estate as the sole administratrix.
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In the government of the Provisional National Defence Council PNDC passed the Intestate Succession Law, III, which was "aimed at removing anomalies in the present law relating to intestate succession and to provide a uniform intestate succession law that will be applicable throughout the country irrespective of the class of the intestate and the type of marriage contracted by him or her" Ghana, , i.
However, controversy and criticism surround the Intestate Succession Law According to an article published in The International Lawyer , "problems of intestate succession in Ghana may be attributed to the application of English Law of intestate succession, patrilineal succession, matrilineal succession, the patriarchal rules of primogeniture and ultimogeniture , Islamic rules of succession, and the different marriage systems" Summer , According to a Canadian Journal of African Studies CJAS article, the law does not "distinguish between portions to be allocated to male and female children, although this could be a pertinent issue if one or both of the parents is a Muslim" , According to the CJSA article, a dialogue between the chiefs and the PNDC government is necessary because "the law on intestate succession seeks to change the direction of the transfer of intestate property, an aspect of the socio-economic structure of the Akans" ibid.
For a detailed account of the Intestate Succession Law of III, the controversies and criticisms surrounding it, please consult the attached documents. For additional information on the overlap between legislative law and traditional law, please consult Response to Information Request GHA E of 5 July which is available at Regional Documentation Centres.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Canadian Journal of African Studies [Toronto]. Kofi Awusabo-Asare. The International Lawyer [Dallas, Te]. Summer Ernest K. Journal of African Law [Legon]. Ekow Daniels. Gordon R. Log in. Remember Me. Forgot password?
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Can a person benefit twice under the Intestate Succession Act?
I forgot my password. No account yet? Sign up. If you do not receive an email within 15 minutes, please check your spam folder or contact us for help. Already have an account? I want to login. The Global Property Guide looks at inheritance from two angles: taxation , and what inheritance laws apply to foreigners leaving property in Ghana: what restrictions there are and whether making a will is advisable.
Inheritance tax and inheritance law in Ghana