A will is meant to provide clarity, ensure fairness, and prevent conflict. Yet, in many Ghanaian families, the moment a will is read is when the real battle begins.
What should be a straightforward process of distributing a deceased person’s estate often turns into heated disputes, legal battles, and broken family ties. Why does this happen, and how can we prevent it?
The Shock Factor: When Expectations Meet Reality
Many family members assume they know how a relative’s wealth will be shared, often expecting an equal or “deserving” portion.
But when the will is finally read, reality can be harsh. Some may receive less than they anticipated, while others—especially spouses, children from different marriages, or even outsiders—may be surprised to inherit more. The emotional reaction is immediate: disbelief, anger, and accusations of unfairness.
In some cases, individuals who expected to benefit find themselves excluded entirely. The first response? “This will must be fake!”
Accusations of Manipulation and Foul Play
It is common to hear claims that the deceased was influenced when making the will. Some family members argue that the testator was too old, sick, or under pressure from certain relatives at the time of signing. Others suspect forgery, particularly if the will was written in secrecy.
These accusations often lead to legal challenges, with disgruntled family members taking the matter to court. The burden then falls on witnesses, lawyers, and medical records to prove that the will was legitimate. This legal wrangling can take years, draining resources and deepening family divisions.
The Clash Between Customary and Legal Inheritance
Ghanaian inheritance laws are often at odds with traditional customs. Under Akan matrilineal inheritance, for example, a man’s property may pass to his nephews rather than his nuclear family. But a legally written will can override this, leaving assets to a spouse and children instead.
When a will disrupts traditional expectations, extended family members sometimes refuse to accept it. This leads to bitter disputes, with relatives insisting on customary inheritance rights over what the law dictates.
Property Grabs and Immediate Takeovers
Before the legal dust settles, some family members take matters into their own hands. It is not uncommon for relatives to forcibly seize homes, land, or businesses before the will is executed. A widow may find herself pushed out of her marital home, children may be denied access to their father’s property, and assets may be sold off before rightful heirs can claim them.
The law is clear on inheritance rights, but in many cases, enforcement is weak. Without legal action, the rightful beneficiaries often lose their inheritance to those who act first.
How to Prevent the Chaos
While family conflicts over wills may seem inevitable, they can be minimised with proper planning:
- Open Discussions Before Death – Instead of keeping inheritance matters secret, testators should communicate their decisions in advance. This reduces surprises and gives family members time to understand and accept their choices.
- Legally Sound Wills – Wills should be drafted with the help of legal professionals to ensure they meet Ghanaian legal standards and cannot be easily challenged.
- Choosing the Right Executors – Executors play a crucial role in enforcing the will. A trusted, neutral person or institution should be appointed to manage the estate without bias.
- Educating Families About the Law – Many inheritance disputes arise from ignorance of the law. More awareness is needed about Ghana’s Wills Act, 1971 (Act 360) and the Intestate Succession Law, 1985 (PNDCL 111) to prevent unfounded claims.
A will should bring order, not chaos. Yet, in many Ghanaian families, it becomes the spark that ignites long-standing tensions. The best way to avoid the posthumous family battle is through early planning, legal protection, and open conversations. After all, an inheritance should be a gift of security—not a source of endless conflict.
