Ghana inheritance law for diaspora families is more complex than most people expect. Ghana operates a plural legal system that combines statutory law, customary law, and constitutional protections. For Ghanaians living in the United States, United Kingdom, Canada, Europe, or elsewhere, inheritance disputes often arise because property classification, marriage type, or documentation was never clarified before death.
If you are part of the Ghanaian diaspora and inherit property in Ghana, your outcome depends on three key questions: Was there a valid will? Was the property self-acquired or family land? And who controls the probate process in Ghana?
This detailed guide explains Ghana inheritance law for diaspora heirs, including intestate succession under PNDCL 111, the Wills Act 1971, probate procedures in the High Court, land complications, dual citizenship implications, and practical steps to protect your inheritance rights.
Table of Contents
- Legal Framework Governing Inheritance
- Intestate Succession Under PNDCL 111
- Wills and Testate Estates
- Customary Law and Family Property
- Probate and Letters of Administration
- Diaspora-Specific Complications
- Tax and Financial Considerations
- Step-by-Step Guide for Diaspora Heirs
- FAQs
- Sources
Legal Framework Governing Ghana Inheritance Law for Diaspora
Understanding Ghana inheritance law for diaspora families begins with knowing the governing laws:
- PNDCL 111 – Intestate Succession Law 1985
- Wills Act 1971 (Act 360)
- 1992 Constitution of Ghana
- Customary law rules regarding family and stool lands
As confirmed in the February 2026 legislative update, PNDCL 111 remains the controlling law for intestate estates. The Intestate Succession Bill 2022 has not yet been enacted into law.
For diaspora families, this means distribution percentages remain those set under PNDCL 111.
Intestate Succession Under PNDCL 111
If someone dies without a valid will, Ghana inheritance law for diaspora heirs applies the intestate formula under PNDCL 111.
Step 1: Household Chattels
Household items go absolutely to the spouse, child, or both. This includes furniture, electronics, motor vehicles not used commercially, and household livestock.
Step 2: One House Rule
If the deceased owned only one house, the spouse and children have priority rights to that house.
Step 3: Residue Distribution
| Beneficiary | Share |
|---|---|
| Spouse | 3/16 |
| Children | 9/16 |
| Parents | 2/16 |
| Customary Family | 2/16 |
This formula often surprises diaspora heirs who assume Western-style spousal dominance. Under Ghana inheritance law for diaspora cases, extended family retains statutory entitlement.
Wills and Testate Estates
The Wills Act 1971 allows a person to freely distribute self-acquired property. A valid will must:
- Be in writing
- Be signed by the testator
- Be witnessed by two independent witnesses
However, Ghana inheritance law for diaspora heirs recognizes reasonable provision claims. A spouse or child can challenge a will if inadequately provided for.
Many diaspora Ghanaians mistakenly believe a US or UK will automatically governs Ghana property. It does not. Separate Ghana probate recognition is required.
Customary Law and Family Property
One of the most misunderstood areas of Ghana inheritance law for diaspora families involves property classification.
- Self-acquired property – Subject to statutory inheritance rules.
- Family land – Controlled by lineage or stool authority.
- Stool land – Managed by traditional authorities.
If land was never properly documented, diaspora heirs often discover the property is claimed as family land.
This issue frequently appears in disputes involving migrant children who financed construction from abroad but never formalized ownership documentation.
Probate and Letters of Administration
Under Ghana inheritance law for diaspora estates, probate is handled by the High Court.
Where There Is a Will
Executors apply for Probate.
Where There Is No Will
Eligible relatives apply for Letters of Administration.
Typical required documents:
- Death certificate
- Affidavit of next of kin
- Inventory of assets
- Marriage certificate if applicable
Processing timelines range from 3 to 12 months depending on disputes.
Diaspora-Specific Complications
Ghana inheritance law for diaspora heirs creates additional complications:
1. Dual Citizenship
Dual citizens retain inheritance rights. Citizenship status does not remove entitlement under intestacy rules.
2. Foreign Probate Recognition
A foreign probate order does not automatically transfer Ghana property. Local probate must be initiated.
3. Marriage Type Conflicts
Customary marriages, ordinance marriages, and polygamous marriages affect entitlement shares.
4. Executor Control
Control of administration often determines practical access to property. Diaspora heirs must monitor filings closely.
Tax and Financial Considerations
Ghana currently does not impose inheritance tax. However, capital gains tax may apply if inherited property is later sold.
Rental income from inherited property may trigger Ghana income tax obligations.
Diaspora heirs should consult the Ghana Revenue Authority at GRA Official Website.
Step-by-Step Guide for Diaspora Heirs
- Confirm whether a will exists.
- Classify property as self-acquired or family land.
- Obtain official death certificate.
- Engage a Ghana-based lawyer.
- File probate or letters of administration.
- Secure Land Commission verification.
- Monitor court filings closely.
- Document every transaction.
In many Ghana inheritance law for diaspora disputes, delay and lack of documentation create the largest losses.
FAQs
Does US citizenship affect inheritance in Ghana?
No. Ghana inheritance law for diaspora heirs does not discriminate based on foreign nationality.
Can family take property before probate?
No lawful transfer can occur without court authorization.
What if land was never registered?
Unregistered land significantly increases litigation risk.
Sources
- PNDCL 111 – Intestate Succession Law
- Wills Act 1971 (Act 360)
- 1992 Constitution of Ghana
- Judicial Service of Ghana
All money transfer services must be licensed by the Bank of Ghana.
