How to Draft a Legally Valid Will in Ghana: A Step-by-Step Guide

Many Ghanaians delay writing a will, either due to cultural taboos or the mistaken belief that it’s only necessary for the wealthy. But dying intestate — without a will — can leave families trapped in bitter inheritance disputes. In Ghana, where property ownership and family structures are often complex, preparing a legally valid will is not just advisable — it’s essential. This guide by Accra Street Journal offers a clear, legally sound process for drafting your will under Ghanaian law.

Why Drafting a Will Matters in Ghana

Under Ghana’s Intestate Succession Law (PNDCL 111), if someone dies without a will, their estate is distributed in a fixed formula — often leaving out partners, children, or dependents in ways they never intended. A will gives you control over:

• Who inherits your property

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• How your children are cared for

• Appointment of executors

• Protection of assets from disputes

What Makes a Will Legally Valid in Ghana?

For a will to be legally enforceable in Ghana, it must satisfy the following basic legal requirements:

• Written Format: Ghanaian law requires wills to be written (either handwritten or typed).

• Testamentary Capacity: The person must be at least 18 years old and of sound mind.

• Voluntary: The will must be made freely — without coercion or undue influence.

• Signature: The testator (person making the will) must sign or affix a mark at the end of the document.

• Witnesses: There must be at least two witnesses, present at the same time, who also sign in the presence of the testator.

📌 Note: Beneficiaries cannot be witnesses.

Step-by-Step Guide to Drafting a Will in Ghana

Step 1: List Your Assets

Include all major and minor assets:

• Land, houses, vehicles

• Bank accounts

• Investments

• Business shares

• Digital assets (e.g., websites, crypto wallets)

Step 2: Choose Your Beneficiaries

These could be:

• Spouse(s)

• Children

• Siblings, parents

• Friends or charities

State their full names and relationship to you to avoid confusion.

Step 3: Appoint an Executor

An executor is the person who will ensure your will is followed. This should be someone trustworthy and organized — possibly even a lawyer.

Step 4: Appoint a Guardian (if you have minor children)

Specify who should care for your underage children. Courts usually uphold this choice unless the person is legally unfit.

Step 5: Draft the Document

You may:

• Write your own will using clear legal language

• Use a lawyer (recommended for complex estates)

• Use a will template and review it with a legal professional

Clearly state:

• “This is the Last Will and Testament of [Your Full Name]”

• That previous wills are revoked

• Asset-by-asset instructions

• The names and signatures of witnesses

Step 6: Sign and Witness the Will

Sign at the end of the document, in front of your two witnesses. They should also sign, with full names, addresses, and dates.

Step 7: Keep It Safe

Store your will:

• With your lawyer

• In a bank safe deposit box

• At the High Court Registry under Wills Act, 1971 (Act 360)

Let your executor and close family know where to find it.

Can a Will Be Challenged in Ghana?

Yes, wills can be challenged in court — often on grounds of:

• Lack of mental capacity

• Fraud or undue influence

• Improper execution (e.g., missing witnesses)

Having a properly executed, witnessed, and well-drafted will significantly lowers the chance of it being contested.

Updating Your Will

Life changes — and so should your will. Update it when:

• You marry or divorce

• Have more children

• Acquire or dispose of major assets

• Change your mind about beneficiaries

To amend a will, use a codicil (a formal legal change) or write a new will entirely.

Your Legacy Deserves Certainty

A legally valid will is not a luxury — it’s a responsibility. In Ghana, where family expectations and legal inheritance rules often collide, a clear will ensures your wishes are honored and your loved ones are protected. Draft it wisely. Sign it properly. Keep it safe.

Samuel Kwame Boadu

Samuel Kwame Boadu is a Ghanaian media entrepreneur and storyteller with a passion for amplifying urban voices and uncovering everyday truths. He is the Editor-in-Chief and Founder of Accra Street Journal, a dynamic digital platform dedicated to capturing the pulse of Ghana’s capital—its people, culture, challenges, business, sports and innovations.

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