How To Prepare A Will In Ghana

• Published date: 18 May 2021
• Subject Matter: Family and Matrimonial, Wills/ Intestacy/ Estate Planning
• Law Firm: Asare Bediako & Co
• Author: Mr Kwame Dankwa

Interestingly, most people start thinking about making or execution a Will when they are old and close to their graves. This unfortunately, has led to several persons unable to prepare a Will during their lifetime.

However, preparation or execution of a will is part of estate planning and providing the needed protection for your loved ones and family when you are no more. It is therefore necessary that you execute a valid Will during your lifetime to provide the needed protection and safety for your family and loved ones.

This article takes you through the key requirements you have to meet in preparing a valid Will in Ghana.

CAPACITY

Only persons who are aged 18 years and above; and of sound mind are capable of executing a valid will. The Will should be made in writing and the purpose should be to dispose of the property of that person or to which that person will be entitled at the time of their death or to which that person may be entitled after death.

APPOINTMENT OF EXECUTOR(S)

It is required that the person making the Will ("Testator") must appoint at least one executor in the Will. Executors are persons who upon the death of the testator administer or ensures that the wishes of the Testator are carried out. The appointed executor must not be less than 21 years and should have a capacity to enter into a contract.

DISTRIBUTION OF ASSETS AND PROPERTIES OF THE TESTATOR

This is one of the vital parts of a Will. There is no need to execute a Will if the testator does not own any asset or likely to own any asset in the future.

The testator has to list all his or her personal assets or assets he is likely to own at the time of making the will. For ease of making sure that all the assets owned by the Testator are covered, it is important that the Testator arrange the assets under following headings: Movable, Immovable, Cash and Investments and Personal properties.

Immovable properties are normally physical properties including lands, buildings (complete and Uncompleted) and other structures. Movable properties are properties which can be easily move around including cars, furniture, equipment, intellectual property and others.

Personal properties are personal clothes, shoes, watches and other personal items used by the testator. Cash and other investments includes cash at the Bank, shares investments and other liquid investments.

After listing all the above and making sure that all the assets and properties are covered, the Testator will have to assign it to...