1.Understanding the Wills Act of Ghana, 1971 (Act 360)
The Wills Act of 1971, officially known as Act 360, serves as a crucial legislative framework governing the making, execution, and revocation of wills in Ghana. This act ensures that the final wishes of individuals are honored and executed according to their desires, with clear guidelines that help prevent disputes and legal challenges.
2.Eligibility and Requirements for Making a Will
Under Act 360, any person aged eighteen or above can make a will, provided they are of sound mind and not under any undue influence or duress. This inclusivity ensures that all adults can decide the distribution of their property, making it a democratic process that respects the rights of every individual.
The will must be in writing and signed by the testator or by someone on their behalf at their direction.
It must be signed in the presence of two witnesses, who must also sign the will in the testator's presence.
Special provisions are made for individuals who are blind or illiterate, ensuring that the will's contents are fully explained to them before signing, promoting fairness and transparency.
3.Special Considerations for Armed Forces Personnel
Act 360 makes special provisions for members of the Armed Forces, recognizing the unique circumstances they may face. Regardless of age, armed forces personnel engaged in active service can make a will in various forms, including unattested written wills or even orally before two witnesses. This flexibility ensures that those who risk their lives for national security have the opportunity to express their last wishes in a manner that reflects their challenging conditions.
4.Revocation and Alteration of Wills
The act provides clear guidelines on how a will can be revoked:
Physical destruction of the will by the testator with the intent to revoke.
Execution of a subsequent will that explicitly revokes the previous one.
Written declaration of the intent to revoke, executed with the same formality as a will.
Additionally, any alterations to a will after its initial execution must also meet specific formalities to be considered valid, ensuring that any changes are deliberate and reflect the testator’s current intentions.
5.Provisions for Dependents
A significant feature of the Wills Act is its protective measures for dependents. The High Court has the authority to make reasonable financial provisions from the estate for the testator's dependents if the will does not adequately provide for their maintenance, ensuring that vulnerable family members, such as minor children or spouses, are not left destitute.
6.Incorporation of Documents and Rules of Construction
The act allows for the incorporation of external documents into a will, provided they existed at the time of the will’s execution and are sufficiently identified within the will. This feature provides flexibility, allowing testators to reference detailed documents without cluttering the will with excessive detail.
The rules of construction outlined in the act ensure that wills are interpreted to carry out the testator's intent as effectively as possible. For example, unless explicitly stated otherwise, a disposition of property is assumed to pass the entirety of the testator's interest in that property.
7.Conclusion
The Wills Act of 1971 (Act 360) stands as a testament to Ghana's commitment to ensuring that the personal rights and final wishes of its citizens are respected. By laying down a comprehensive legal framework, the act facilitates the orderly and fair distribution of estates, thereby minimizing disputes and ensuring that the legacies of individuals are honored according to their true intentions.