Ghana, like many other countries, provides a legal framework for individuals to create wills that dictate how their assets and personal affairs are handled after death. Creating a will is one of the most responsible decisions an individual can make, and in Ghana, the Wills Act of 1971 (Act 360) provides clear guidance on how to ensure a valid will. By making a will, individuals can ensure that their assets are distributed according to their wishes, protect their dependents, and avoid the complications that arise from intestacy (dying without a will). In this article, we will explore the key advantages of having a will in Ghana and how it can prevent many common inheritance disputes.

1.Legal Framework for Wills in Ghana

The Wills Act of 1971 (Act 360) governs the creation of wills in Ghana. According to the law, any person aged 18 or older and of sound mind can make a will. The act outlines key requirements such as the need for the will to be in writing, signed by the testator, and witnessed by two or more individuals present at the time of signing. This legal framework provides certainty and ensures that the final wishes of the deceased are respected.

In addition to the Wills Act, there are important provisions for the safe storage and registration of wills with the High Court. This ensures that the document is preserved and cannot easily be tampered with, adding a layer of security to the process.

2.Capacity to Make a Will

To create a valid will, the testator must meet certain legal requirements. The person must be of legal age (18 years or older) and must be of sound mind. Mental soundness means that the testator must fully understand the nature and consequences of the will at the time of its creation. This protects vulnerable individuals from making decisions under undue influence or while incapacitated. For instance, those suffering from mental illnesses or severe intoxication may not have the legal capacity to draft a valid will.

3.The Process of Creating a Will in Ghana

Drafting a will in Ghana involves a few key steps. First, the will must be written, either by the testator or under their direction. It must then be signed by the testator in the presence of two witnesses, who must also sign the document. Witnesses, however, do not need to know the contents of the will—they are only required to confirm that the will was signed by the testator. The testator may also appoint an executor, a person responsible for ensuring that the instructions in the will are carried out.

4.Benefits of Having a Will

One of the primary advantages of having a will is that it allows the testator to specify exactly how their assets should be distributed. This can prevent potential disputes among surviving family members and ensure that the testator’s wishes are followed. A will can also include specific instructions about the testator's funeral arrangements, such as the preferred burial site, type of ceremony, or other personal preferences.

Without a will, the distribution of assets follows Ghana's intestacy laws, which may not reflect the wishes of the deceased. This can lead to long legal processes and potential conflicts among heirs, particularly if the deceased owned valuable assets or had a large family.

4.1 Safeguarding Family Harmony and Caring for Loved Ones

Another critical benefit of having a will is its ability to safeguard harmony in families. When there is clarity about how assets will be distributed, it helps prevent misunderstandings and conflicts that might arise among family members. A will provides peace of mind not only for the person creating it but also for those left behind, ensuring that everyone understands the testator's intentions.

By clearly outlining the distribution of assets, a will ensures that loved ones are taken care of properly. Dependents such as spouses, children, or elderly parents will be protected and financially secure. This helps to provide stability for those who might otherwise be vulnerable after the passing of a loved one.

A will can also help ensure that specific loved ones receive particular assets or inheritances, such as family heirlooms or properties that hold sentimental value. This attention to detail can bring a sense of reassurance and continuity to the family, helping them cherish the memories of the deceased while feeling supported in their time of need.

4.2 Clarity on Funeral Arrangements

One often overlooked advantage of having a will is the ability to provide clear instructions regarding funeral arrangements. In Ghana, funerals are not just personal or family affairs; they are deeply rooted in cultural and traditional practices. By specifying funeral preferences in a will, the testator can help reduce disagreements among family members during a difficult emotional time.

With a well-drafted will, individuals can state their preferred type of funeral, including the location, rituals, and any other wishes that reflect their beliefs and values. This clarity can prevent additional stress for loved ones, allowing them to focus on mourning and celebrating the life of the deceased rather than debating logistical details.

4.3 Simplifying the Legal Process for Survivors

A significant advantage of having a will is the simplification of the legal process for survivors. When a person dies without a will, their family must navigate the complex and often lengthy process of intestate succession. This process can be stressful, time-consuming, and costly. By having a will in place, the testator makes it easier for their family members to settle the estate quickly and efficiently, ensuring that assets are distributed according to their wishes without unnecessary legal hurdles.

4.4 Protecting Minor Children and Dependents

A will allows parents to make provisions for the guardianship of their minor children in the event of their untimely death. This is particularly important for families with young children, as it ensures that the children will be cared for by trusted individuals chosen by the parents. The will can also include provisions for the financial security of the children and other dependents, ensuring that they have access to necessary resources for their upbringing and education.

In the absence of a will, decisions regarding guardianship and financial care are left to the courts, which may not always align with the wishes of the deceased. By outlining these details in a will, parents can be confident that their children will be taken care of by the people they trust most.

4.5 Reducing the Risk of Undue Influence and Fraud

A will provides an official, legal record of an individual’s wishes, which can help reduce the risk of undue influence or fraudulent claims over their estate. The presence of witnesses and the legal requirements for executing a will make it difficult for anyone to challenge its validity without solid grounds. This level of protection ensures that the testator's assets are distributed as intended, reducing the likelihood of disputes and protecting the interests of rightful beneficiaries.

5.Options for Storing and Registering a Will

Once a will is created, it is crucial to store it safely to ensure that it can be accessed when needed. In Ghana, wills can be registered with the High Court for safekeeping. This adds an extra layer of protection against loss, tampering, or destruction. Registering the will also makes it easier for family members to locate it when the time comes, ensuring that the testator's wishes are carried out without unnecessary delays.

Wills can also be stored in secure locations such as bank safety deposit boxes or with trusted legal representatives. Regardless of the storage option chosen, it is important that the executor and close family members know where the will is kept.

6.Online Will Creation and Its Benefits

With advancements in technology, creating a will has become more accessible through online will-making platforms. GhanaMemorialProducts  is bringing the first such platform to Ghana, offering a convenient, affordable, and legally compliant way to create a will. By using the GhanaMemorialProducts  platform, individuals will receive step-by-step guidance, making it easier to draft a legally valid will without necessarily consulting a lawyer which is still a possibility ofcourse. This approach will help more Ghanaians take this important step without the traditional barriers of cost or legal complexity.

Online will services like GhanaMemorialProducts also integrate features such as funeral planning, allowing users to specify their preferences regarding the type of ceremony, location, and other details. This comprehensive approach ensures that all aspects of end-of-life planning are covered in one place, simplifying the process for both the testator and their loved ones.

If you are interested, please let us know by filling the form on our contact page. We will keep you posted.

7.Common Misconceptions About Making a Will

There are several misconceptions about making a will that prevent people from taking this important step. One common myth is that making a will hastens death or brings bad luck. This superstition has discouraged many from creating a will, leaving their families without clear instructions. In reality, creating a will is a responsible act that provides security for loved ones and helps prevent future conflicts.

Another misconception is that only wealthy individuals need a will. Regardless of the size of an estate, having a will is crucial to ensure that personal belongings, property, and other assets are distributed according to the testator's wishes. Even individuals with modest estates can benefit from the peace of mind that comes with having a will in place.

8.Frequently Asked Questions About Wills in Ghana

1. Who can make a will in Ghana?
Any person aged 18 or older and of sound mind can make a will in Ghana. The individual must fully understand the nature and implications of their actions at the time of making the will.

2. What are the costs involved in making a will?
The costs of making a will in Ghana include legal fees if a lawyer is involved and a small registration fee if the will is registered with the High Court for safekeeping. Online will-making services may offer a more affordable option.

3. How does a will affect funeral arrangements?
A will allows the testator to specify their preferred funeral arrangements, including the type of ceremony, location, and any specific wishes. This ensures that their preferences are respected and can help prevent disagreements among family members.

4. Can an executor also be a beneficiary?
Yes, an executor can also be a beneficiary of the will. It is common for a trusted family member or close friend to act as both an executor and a beneficiary.

5. Is a video will valid in Ghana?
Under the Wills Act of Ghana, a will must be in writing and signed by the testator and two witnesses. Video wills are not recognized as valid under Ghanaian law.

6. What happens if a person dies without a will?
If a person dies without a will, their estate is distributed according to the rules of intestacy under Ghanaian law. This may result in outcomes that do not align with the deceased's wishes and can lead to disputes among family members.