Why You Should Consider Making a Will
You’ve probably heard someone talking about wills at some point in your life. But what exactly is a Will? A Will is a vital legal document that contains instructions on how a person’s assets should be distributed after they pass away. Yet, it will amaze you how many people in Ghana hesitate to create one. Passing away without a Will most often than not leads to significant challenges for families and loved ones of the deceased.
As the Bible reminds us in Ecclesiastes 9:2, “Death comes to godly and sinful people alike.” Death is inevitable. As we say in Ghana, “No one knows tomorrow”. Death is a universal experience that affects everyone, and creating a will is one of the most responsible and thoughtful steps you can take to ensure your family’s future is secure. Let me ask you, if tomorrow were uncertain, wouldn’t you want your loved ones to be protected?
Common Misconceptions About Wills in Ghana
Have you ever wondered, “Do I really need a will?” or thought, “I’m too young to be thinking about that”? Maybe you’ve heard someone say that making a will somehow invites death. These are common misconceptions, especially in Ghana. Many people think that a will is only for the elderly or the wealthy, or that drafting one is too complicated and costly. Some even believe that once you make a will, it’s set in stone and can never be changed.
But the truth is, anyone who owns property, has dependents, or simply wants to ensure their wishes are followed after they’re gone should have a will. It’s not about age or wealth, it’s about taking control of your future. And here’s the best part, you can update your will whenever necessary. Life changes, and so should your will.
Why You Need a Will and the Consequences of Dying Without One in Ghana
Avoiding the Default Intestate Succession Law:
If you pass away without a will, this is known as dying intestate. In Ghana, the Intestate Succession Law, 1985 (P.N.D.C.L. 111) determines how your property will be distributed. Did you know that without a will, your spouse, children, surviving parents and even extended relatives receive specific portions of your estate, regardless of your personal wishes?
For example, if you have a spouse and a child, the law dictates specific shares:
- 3/16 to the spouse,
- 9/16 to the child,
- 1/8 to a surviving parent, and
- 1/8 distributed according to customary law.
Or where there is no surviving parent one-fourth of the residue of the estate shall devolve in accordance with customary law.
While this law aims to be fair, it may not reflect your personal wishes like a will may do.
Also take note that P.N.D.C.L. 111 does not automatically provide for unmarried partners, stepchildren or close friends but a will allows you to include them. Imagine this, Kwame and Akua have been dating for two years and plan to marry in December 2025. In 2024, Kwame bought a Mercedes-Benz C-Class AMG in his name. He always said that if anything happened to him, he’d want Akua to have the car and other assets. Kwame also claims that he doesn’t have a lot of properties and besides he is a young man, only 29years old so he’ll make a will when he’s older. Tragically, Kwame passed away suddenly before making a will. Since Akua and Kwame weren’t legally married, the law doesn’t recognize her, and she might receive nothing from Kwame’s estate. Now, ask yourself, would you want this for someone you deeply care about?
Control Over Asset Distribution:
Have you ever considered what would happen to your assets—land, houses, cars, and savings—if you were no longer around? Let’s say you’ve worked hard to build a home in East Legon, saved money at ABSA and Stanbic Bank, and purchased a Range Rover, Toyota RAV4, and Honda CR-V. Then, one day, the unexpected happens, you pass away and your relatives move your wife and kids out of your house and seize all your vehicles. You will not be around to protect your family. Only if there was a simple document that could save your family from endless disputes and stress? That simple document is a will, which ensures your wishes are respected and your family’s future is secure. Plus, you get to name trusted individuals (executorsto manage your estate. Doesn’t that sound like peace of mind?
Minimizing Family Disputes:
Think about the conflicts you’ve seen or heard of when someone dies without a will. One of the greatest benefits of creating a will is eliminating or reducing the likelihood of family disagreements. Without a will, who decides who gets what? Disputes are very common, especially in cases where the deceased had significant assets or a large extended family. Under P.N.D.C.L. 111, part of the estate may be distributed according to customary law. But reliance on customary law can create uncertainty or disputes, as practices vary widely. Also, in cases where multiple family members feel entitled to the same property, disputes can arise. For example, four siblings might argue over who should inherit the house they grew up in. A will resolves this by naming specific beneficiaries for each asset. Wouldn’t you prefer your loved ones to remember you with gratitude rather than arguments?
Simplifying the Process for Loved Ones
Imagine your loved ones grieving your loss and simultaneously struggling with complicated legal procedures to manage your estate. When someone dies without a will, the legal process to administer their estate can be time-consuming and emotionally draining. Additionally, in the absence of a will, loved ones may face delays in accessing funds from your estate, which can be problematic if they rely on those funds for their livelihood. For instance, I’ve come across families unable to pay school fees after the death of a parent because they had to go through various legal hurdles. By leaving a will, you make the process of managing your estate much simpler and less stressful for your loved ones. As we say, “When the crab dies, its shell remains.” Wouldn’t you want to leave a legacy of peace and order?
Taking Action
Making a will is not about looking death in the face, it is about being responsible and ensuring peace of mind for you and your loved ones. As a lawyer, I’ve seen first-hand the stress and pain families endure when a loved one dies intestate or without a properly drafted will. While the process may seem straightforward, having a lawyer to guide you through it is essential. A lawyer will ensure that your will is legally binding, free from ambiguities, and in full compliance with the law. Don’t let misconceptions stand in the way of protecting your family—because that’s all they are, misconceptions. By seeking professional help, you can ensure your wishes are honoured, and your family’s future is secure.