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" ,
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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.
The head of family and customary successor, as Plaintiff, was not happy. The D efendant denied the claim. According to her, the family had no beneficial interest in the estate. Three issues were before the court. The first was whether or not by Ewe custom and practices, the deceased is to be inherited by his daughter solely. The Defendant was not happy with the decision. The Court of Appeal overturned the decision of the High Court and held that the daughter, being the surviving child, was the sole beneficiary and thus entitled to the residue in accordance with Ewe custom.
On the specific question of whether the child of an Ewe can benefit twice under Section 5 1 and 5 2 respectively, the court answered in the affirmative. The custom of the Ewes clearly states that the children are the sole beneficiaries under its system of inheritance, the principle is clearly stated in a plethora of decisions.
In the absence of words clearly vesting the 25 per cent in the family, the court cannot import these words into the Statute. The purpose of the Act is to cure a mischief but by this ruling the family as was the case are being denied the little they could have enjoy… Keep up the good education. Interesting read. What happens when an Asante man dies interstate?
NB: with adult children and a surviving spouse. Dear Kweku, that is a really interessting case. Your email address will not be published. Can a person benefit twice under the Intestate Succession Act? The applicable sections provided that: 5 1 Where the intestate is survived by a spouse and by a child the residue of the estate shall devolve in the following manner: a.
Three-sixteenth to the surviving spouse; b. Nine-sixteenth to the surviving child; c. One-eighth to the surviving parent; d. One-eighth in accordance with customary law. Leave a Reply Cancel reply Your email address will not be published. Powered by WordPress Bootstrap Themes.
Can a person benefit twice under the Intestate Succession Act?
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Inheritance tax and inheritance law in Ghana