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The Importance of a Will (Act 1971) in Ghana: Protecting Family
Harmony and Securing the Nuclear Family

In Ghana, making a will is an essential legal process that ensures your assets are distributed according to your wishes and that your loved ones are protected after your passing. The Wills Act of 1971 (Act 360) provides the legal framework for creating valid wills, safeguarding your family, and helping prevent disputes that could arise over property, funeral arrangements, and inheritance. By outlining your desires clearly, a will secures the well-being of your nuclear family (spouse and children) and promotes family harmony, particularly in cases where differing expectations might lead to conflicts.

• What is a Will and Why is it Important?

  A will is a written legal document that allows individuals to specify how their assets, property, and responsibilities should be handled after their death. It includes instructions on the distribution of your estate, appoints guardians for your minor children, and designates an executor to manage your affairs. Beyond asset distribution, a will can also address funeral wishes, removing uncertainties and potential disagreements among family members.

  Without a valid will, the laws of intestate succession take effect, meaning the court decides how your estate will be distributed. This often results in disputes, especially between nuclear family members and the extended family, which can fracture relationships and create long-lasting tension.

• How the Wills Act 1971 Protects Families

  The Wills Act of 1971 outlines the necessary legal requirements for drafting a valid will in Ghana. Its importance cannot be overstated as it ensures that your final wishes are respected and provides a legal safeguard against potential conflicts. Some of the most significant protections offered by the Act include:

• Legal Capacity and Soundness of Mind

  The Act specifies that any person over the age of 18 years and of sound mind can make a will. This ensures that the individual is fully aware of the nature of their decisions and not influenced by external pressures.

• Protection from Fraud and Coercion

  A will made under fraud, duress, or undue influence is rendered null and void under the Wills Act. This ensures that the document reflects the true wishes of the testator and not the desires of those who may try to manipulate them

• Witnesses and Execution of the Will

  For a will to be valid, it must be in writing and signed by the testator in the presence of at least two witnesses. This helps guarantee the authenticity of the document and confirms that the testator was in full control of their decisions at the time of signing.

• Reasonable Provisions for Dependents

  Section 13 of the Wills Act enables the High Court to make reasonable provisions for the spouse, parents, and children of the deceased if they have not been sufficiently provided for in the will. This provision ensures that the nuclear family is not neglected in favor of extended family members​.

• Ensuring Funeral Wishes are Respected

  An often-overlooked aspect of making a will is the ability to detail funeral arrangements. Many families face conflicts about funeral plans due to cultural, religious, or personal differences. By including your funeral wishes in your will, you provide clarity and reduce the chances of family members arguing over how the funeral should be conducted. A well-drafted will can specify:

  • Type of funeral service (religious or non-religious)

  • Burial or cremation preferences

  • Location of the burial or scattering of ashes

  • Specific individuals or family members who should manage the funeral

  • Desired funeral expenses or donations to be made in your memory

  Clear instructions in a will regarding funeral plans not only help preserve family harmony but also ensure that your final send-off aligns with your personal beliefs and desires. By explicitly addressing these sensitive matters, you eliminate the need for difficult decisions during an already emotional time, allowing your family to focus on grieving and supporting each other.

• Taking Away Disputes Over Funeral Plans

  One of the main benefits of including funeral arrangements in a will is the removal of uncertainties. Families often have differing opinions about how funerals should be conducted, leading to heated arguments and strained relationships. By making these decisions in advance, you spare your loved ones the burden of making these difficult choices. For instance, disagreements over burial locations, funeral rites, or religious ceremonies can be particularly contentious, but by stating your wishes clearly, you prevent any misinterpretation and ensure the funeral is conducted as you envision​.

• Maintaining Family Harmony Through a Will

  Creating a will is one of the most effective ways to ensure that your family is protected and family harmony is maintained after your death. The absence of a will can lead to bitter disputes, particularly when extended family members attempt to claim a share of the estate at the expense of the nuclear family.

• Avoiding Disputes Over Property

  Without a will, the estate falls under the jurisdiction of the intestate succession laws, which may not align with your specific wishes. For example, PNDCL 111, (This Act regulates the devolution of the estate of any person who dies intestate, having regard to international private law and, in particular, customary law) outlines how an estate is to be divided among surviving relatives, which can lead to disputes between nuclear and extended family members. A valid will removes any doubt by clearly stating your intentions, ensuring that your spouse and children are the primary beneficiaries.

• Caring for Minor Children

  A will allows you to appoint a guardian for your minor children. This is crucial as it ensures that your children will be cared for by someone you trust. If a guardian is not named, the courts will appoint one, and the chosen person may not align with your preferences. This uncertainty can cause significant anxiety within the family, but a will provides clear guidance for your children’s care​.

• Reducing Family Conflicts

  A clear, well-executed will helps reduce tension by providing an indisputable plan for how your estate will be handled. This not only prevents disputes over inheritance but also over more sensitive matters like funeral arrangements. Without clear instructions, disagreements can arise, causing rifts that could take years to heal​.

• Ensuring Financial Stability for Your Nuclear Family

  The primary goal of a will is to ensure that your nuclear family—spouse and children—are adequately provided for. A well-structured will ensures that your financial assets, including savings, investments, and properties, are allocated in a way that secures the future of your family. For example, you can allocate trust funds or designate lump sum payments to guarantee that your loved ones are financially stable after your passing.

• How a Will Safeguards the Nuclear Family

  The nuclear family often faces significant financial, emotional, and legal pressures after the death of a loved one. A well-prepared will provides a safeguard against many of these challenges, offering clear instructions on how your estate should be divided and ensuring that your spouse and children receive the necessary support.

• Prioritizing Spouse and Children

  With a will, you can prioritize your spouse and children in the distribution of assets. This ensures that they are taken care of first, preventing extended family members from claiming undue shares of the estate. This is particularly important in cases where extended family members may attempt to challenge the estate in court.

• Protection of the Family Home

  For many families, the family home is one of their most valuable assets. A will can specifically address who inherits the home, ensuring that it remains with your spouse and children. This is essential for protecting them from losing their residence, which could occur under intestate succession laws if no will is in place​.

• Financial Security for the Family

  A comprehensive will helps secure the financial future of your spouse and children by providing instructions on how your savings, investments, and other financial resources should be managed. Whether it’s through inheritance, the creation of a trust fund, or specific financial disbursements, a will guarantees that your nuclear family is financially protected​.

• Conclusion

  The Wills Act of 1971 serves as a vital tool for ensuring that your estate is distributed according to your wishes and that your nuclear family is well taken care of. It prevents disputes, secures the financial future of your loved ones, and ensures that your funeral arrangements are respected. By drafting a valid will, you can maintain family harmony, protect your spouse and children, and provide clarity on all matters surrounding your death, including your funeral. Don’t leave these important decisions to chance—consider a will today and ensure your legacy is honored.

  Soon anyone will be able to make a will supported by predefined steps and AI at a very affordable price. A well known law firm will help to secure the legal viability of your will, offered in different service levels. If you are interested in our service, please fill out the contact form on the main page after which we will keep you updated.