In Ghana, many people delay or entirely avoid writing a will, often believing that doing so invites death or signals a loss of hope. Others assume their families will naturally divide their assets fairly when they are gone.
Yet, time and again, we see families torn apart by inheritance disputes, prolonged court battles, and the unintended consequences of dying without a will. It is time to change this mindset.
The Fear of Talking About Death
One of the biggest reasons Ghanaians avoid making wills is the deep-rooted cultural fear of discussing death. Many believe that planning for one’s passing speeds up the process, as if acknowledging mortality will bring it closer. This superstition prevents people from taking a simple legal step that could save their families years of conflict and financial stress.
The Myth That Wills Are for the Rich
Another common belief is that wills are only necessary for the wealthy. Many assume that if they own little property, there is no need to document how it should be shared. However, even modest assets—land, a house, a car, or a small business—can lead to serious disputes if not properly assigned. In fact, it is often in families with limited resources that inheritance conflicts become most intense.
The Trust That Family Will “Do the Right Thing”
Some people believe that their relatives will divide their estate fairly, making a will unnecessary. However, history has shown that once money and property are involved, even the closest families can fall apart. Disagreements arise over who contributed more, who deserves what, and who has the legal right to inherit. Without a will, the state decides how assets are distributed under Ghana’s intestacy laws, which may not align with the deceased’s wishes.
The Complications of Customary Inheritance
Ghanaian customary law plays a significant role in inheritance, especially in ethnic groups that follow matrilineal or patrilineal systems. In Akan families, for example, property traditionally passes through the maternal line, sometimes leaving spouses and children with little control.
While Ghana’s Wills Act, 1971 (Act 360) allows individuals to override customary inheritance by writing a will, many still assume tradition will dictate a fair outcome. Unfortunately, this is not always the case.
The Consequences of Dying Without a Will
When someone dies without a will, their estate is distributed according to the Intestate Succession Law, which may not reflect their personal intentions. This can result in:
- Long legal battles, delaying access to assets for dependents.
- Spouses and children receiving less than expected due to traditional family claims.
- Property being mismanaged, sold, or taken over by distant relatives.
Why Writing a Will is a Necessity, Not an Option
Writing a will is not about predicting death—it is about protecting loved ones and ensuring assets are distributed as intended. It is a simple but powerful legal document that:
- Provides clarity on how property should be shared.
- Prevents unnecessary family conflicts.
- Ensures spouses, children, and other dependents are properly cared for.
- Gives individuals control over their legacy.
Breaking the Silence: A Call to Action
Ghanaians must shift their mindset and treat wills as a responsible, necessary act rather than a taboo. Legal professionals, religious leaders, and community elders should encourage open discussions about estate planning. The government can also play a role by promoting awareness campaigns and simplifying the process of writing a will.
At its core, writing a will is an act of love and foresight. It ensures that when we are gone, we leave behind clarity, not chaos. Instead of waiting for the unexpected, we should take control of our legacies today.
