Challenges and Opportunities in Inheritance Rights in Ghana

Abstract

Customary law governs the majority of Ghanaians’ cases of intestate (no will) inheritance due to customary governance of land and the limited reach of statutory structures.

Land in Ghana belongs to lineage groups and therefore cannot be inherited without the approval of customary governance bodies. Policy and practical engagement with customary leaders to ensure protection of the land rights of vulnerable individuals, such as widows without children or very young orphaned children, is critical.

Property and inheritance rights of individuals in cohabiting unions without registered marriages are not protected by statutory law in Ghana, which leaves many women’s livelihoods insecure upon a union’s dissolution or death of the male partner.

Ghana’s Intestate Succession Act requires revision to reflect current realities. A revised law must set out simple procedures to protect the inheritance rights of women and children.

Decentralised access to administrative and judicial services is important to provide basic forms of support and protection for individuals to safeguard their rights, such as birth and marriage registrations, and alternative dispute resolution mechanisms.