In Ghana, inheritance law predominantly recognizes customary law principles, statutory, an relevant case law. Under customary law, inheritance often follows principles such as patrilineal or matrilineal succession, depending of the specific ethnic group; For instance, in some customary law practices, the estate [property] of a deceased is managed by the head of the family or customary successor, who is vested with discretionary powers to allocate property among family members, including support and maintenance obligations for widows and children.

Statutory law, especially the Interstate Succession Law, 1985 (PNDCL 111), provides a framework for inheritance that applies to intestate estate, emphasizing a statutory share for spouses, children, and I some cases, familial groups.

Before the mid-1980s, inheritance in Ghana was largely governed by customary law. However, customary law was not the only legal framework for inheritance at the time. Significant statutory interventions, such as the Marriage Ordinance (1884) and the Marriage of Mohammedans Ordinance (1907), provided alternative inheritance regimes for those married under these statutes. 

In practice, the application of customary law by some individuals and families led to severe consequences, highlighting the potential for injustice within the system:

• In matrilineal systems such as the Akan's, the rule directing property to the matrilineal lineage (nephews and nieces) was sometimes applied to completely disinherit the deceased's own children and spouse, contradicting the system's broader principles of family support.
• Similarly, among some groups, the discretion allowed in allocating resources also resulted in the total exclusion of widows and their children, leaving them destitute.

These harsh applications sparked a national outcry, with citizens demanding a complementary legal regime to guarantee fairness and protect families from hardship. In response, the government enacted the Intestate Succession Law of 1985 (PNDCL 111), a landmark reform that stands as a testament to Ghana’s commitment to social justice.

This law establishes a definitive statutory formula for distributing the estate of anyone who dies without a valid will. Its purpose is to safeguard the rights of spouses and children, reduce familial conflict, and ensure fairness within Ghana's inheritance system.

The Making of PNDCL 111: Reforming Inheritance Law in 1980s Ghana

Before PNDCL 111, the death of a man could plunge his immediate family into crisis. Common outcomes included:

• Widows being expelled from their homes.
• Children being disinherited by the extended family.
• The entire estate being claimed by the lineage (abusua).

A Growing Call for Change

By the late 1970s, public pressure for the reform of Ghana's inheritance laws had mounted significantly. Spearheading this movement was the National Council on Women and Development (NCWD), established in 1975. In coalition with women's rights advocates and broader civil society, the NCWD campaigned tirelessly for legal protections to guarantee the rights of widows and children and to institute a fairer system of inheritance.

“The fight for inheritance reform was, at its core, a fight for dignity, equality, and family protection.”

The 1980s: A Climate Ripe for Reform

The socio-political environment of 1980s Ghana created a unique opportunity for this legal transformation. The Provisional National Defence Council (PNDC), led by Flt. Lt. Jerry John Rawlings, governed with a declared focus on social justice and equality. Its populist agenda directly challenged entrenched systems of privilege and prioritized the welfare of ordinary citizens. Within this context, there was a growing consensus that certain customary inheritance practices had become anachronistic, no longer aligning with the structure of the modern Ghanaian family or the evolving economic role of women.

The Birth of PNDCL 111

In 1985, the PNDC's response to years of advocacy culminated in the landmark Intestate Succession Law (PNDCL 111), a reform that fundamentally redefined inheritance in Ghana. The law explicitly prioritized the nuclear family, making the spouse and children the central beneficiaries of an estate. This represented a decisive break from centuries of custom and established a crucial legal protection to ensure that a deceased person's immediate dependents would not be left impoverished.

A Lasting Legacy

The enactment of PNDCL 111 represented more than a legal reform; it was a seminal moment of social transformation. It embodied Ghana's broader postcolonial journey toward equity, modernization, and a deepened commitment to human dignity.

Nearly four decades later, the law's legacy endures. It stands as a cornerstone of social justice in Ghana, a vital safeguard for families, and a lasting guarantee of fairness for generations.

PNDCL 111 stands as a testament to how law can respond to social change transforming age-old customs into tools of fairness and family security.

Scope and Beneficiaries of PNDCL 111?

PNDCL 111 applies when a person dies intestate [without a valid Will] and leaves behind self-acquired property.

The Intestate Succession Law (PNDCL 111) applies specifically in situations where a person dies intestate, meaning without leaving behind a valid Will. Its primary focus is the distribution of what is legally defined as "self-acquired property."

Under PNDCL 111, self-acquired property encompasses all assets that the deceased person obtained through their own direct efforts, financial investment, or personal enterprise during their lifetime. This broad category is intentionally defined to reflect the economic realities of a modernizing society and typically includes:

• Real estate purchased by the deceased.
• Houses or other structures they built.
• Vehicles, bank accounts, and investments held in their name.
• Businesses they founded and operated.

Crucially, this definition serves to distinguish such property from family or lineage property, assets inherited through a family line or received as a gift under customary law, which are typically held in trust for the wider lineage and governed by different rules. By creating this clear legal distinction, PNDCL 111 ensures that the wealth an individual actively creates is protected for their immediate family, their spouse, and children, preventing it from being absorbed by the extended family upon their death.

Beneficiaries Under the Law

The law recognizes four classes of beneficiaries.

1. Surviving Spouse(s)
   • Includes those who are validly married under:
     • Ordinance (Marriage Act, 1884-1985, Cap 127)
     • Customary Marriage
     • Mohammedans Ordinance [Islamic marriage]
   • Concubines or cohabiting partners without legal marriage are not recognized.
2. Children of the Deceased
   • Biological children (legitimate or illegitimate once paternity is acknowledged).
   • Adopted children (legally adopted under Ghanaian law).
   • Posthumous children (born after the father’s death).
3. Parents of the Deceased
   • Surviving mother and/or father.
4. Customary Family
   • represents the extended family or lineage of the deceased.

Property Covered by the Law

PNDCL 111 applies only to the self-acquired property of the deceased, including:

• Land purchased personally by the deceased.
• Houses built by the deceased are also included.
• Money, bank accounts, and investments.
• Vehicles, businesses, and personal assets.

It does not apply to:

• Stool/Skin property (chieftaincy-related land).
• Family property (ancestral land, abusua/ntoro property).
• Property disposed of by a valid Will.

Formula of Devolution Under PNDCL 111

The law establishes a clear and mandatory formula for distributing a deceased person's estate:

1. Household Chattels

All household chattels automatically pass to the surviving spouse and the children.

• “Household chattels” include furniture, appliances, cooking utensils, clothes, vehicles, and personal belongings.

1. Remaining Estate (Residue)

The remainder of the estate [property] is divided into fractions as follows:

• Spouse → 3/16
• Children → 9/16 (shared equally among them)
• Parents → 2/16
• Customary family → 2/16

Variations:

• If there is no spouse, the children inherit the spouse’s portion.
• If there are no children, the spouse receives 1/2, parents 1/4, and customary family 1/4.
• If there are no parents, the spouse and children take the larger shares.
• If there are no survivors, the property reverts to the state.

Practical Example

Suppose Kofi dies intestate [without a Will], leaving behind the following:

• A wife (Ama),
• 3 children,
• Both parents are alive,
• His extended family.

His estate (excluding household chattels) was valued at GHS 480,000.00

Distribution under the PNDCL 111:

• Wife (3/16) → GHS 90,000.00
• Children (9/16) → GHS 270,000 (each child receives GHS 90,000)
• Parents (2/16) → GHS 60,000 (shared equally between them)
• Customary Family (2/16) → GHS 60,000

While the statutory formula itself is unambiguous, its application can be complicated by disputes over whether a specific property is self-acquired or ancestral. Consequently, legal challenges often center not on the formula's math, but on the classification of assets.

Common Challenges in Applying the Law

1. Resistance from Families
   • Some extended families resist applying PNDCL 111, preferring the customary inheritance rules.
2. Property Classification Disputes
   • Major conflicts arise over whether the property was “family” or “self-acquired.”
3. Lack of Awareness
   • Many widows and children are unaware of their rights and are unlawfully dispossessed of their inheritance.
4. Polygamous Marriages
   • Where the deceased had multiple wives (customary or Islamic marriage), each legally recognized spouse shared in the spouse’s portion.

Practical Implications

• Widows: You cannot be lawfully evicted from the matrimonial home simply because your husband died intestate.
• For Children: Whether born in or out of marriage, you are entitled to a share of your parent’s estate under PNDCL 111.
• For Parents: You still retain a share, although it is smaller than before the law.
• For Families: You cannot disinherit the nuclear family; the law limits your share.

Conclusion

The Intestate Succession Law (PNDCL 111) was a revolutionary reform that fundamentally redefined inheritance rights in Ghana. It established a fairer statutory system to protect spouses and children, supplanting the unjust customary practices that had previously left them vulnerable.

Despite its success, challenges persist. The law's effectiveness is still tested by disputes over property classification, deep-seated cultural resistance, and a lack of public awareness.

The key lesson is clear: dying without a Will means allowing PNDCL 111 to determine the fate of your estate. While this law provides a vital safety net, the most effective way to ensure your wishes are honored and to prevent family conflict is to prepare a valid Will.