ADMINISTRATION OF ESTATES ACT,
1961 (ACT 63)
As amended by
ADMINISTRATION OF ESTATES
(AMENDMENT) LAW, 1985 (PNDCL
113)1.
ARRANGEMENT OF SECTIONS
Section
PART I—DEVOLUTION OF MOVABLE AND
IMMOVABLE PROPERTY
1. Devolution on personal
representatives.
2. Status of personal
representatives.
3. Property of the deceased.
4. Property devolving under
customary law.
PART II—THE ADMINISTRATOR-GENERAL
5. Application.
Appointment and Functions
6. Appointment and incorporation
of Administrator-General.
7. Liability of the
Administrator-General.
8. Liability of the Government.
9. Non-liability of
Administrator-General and
Government.
10. Sale of goods of third party.
11. No security or oath required
from Administrator-General.
12. Administrator-General may be
appointed executor.
13. Grants to be made to
Administrator-General by that
name.
14. Effect of grant to
Administrator-General.
15. Entry of name of
Administrator-General in company's
books not to constitute notice of
a trust.
Grant of Probate or of Letters of
Administration
16. Power of Administrator-General
to petition court.
17. Entering upon estate before
court order.
18. Time of application.
19. Uncertainty as to succession.
20. Grants to persons appearing.
21. Grant to
Administrator-General.
22. Transfer by private executor
or administrator to
Administrator-General.
Revocation of Grant of Probate or
Letters of Administration
23. Revocation of grant to
Administrator-General.
24. Costs of Administrator-General
on revocation of grant.
25. On revocation previous acts of
Administrator-General deemed
valid.
26. Payments made by
Administrator-General prior to
revocation of grant.
Administration
27. Movable and immovable property
to be realised.
28. Payment of debts and
distribution of assets.
29. Disposal of assets received
from abroad.
30. Barring of claims.
31. Costs in suit against
Administrator-General.
33. Power of Administrator-General
to pay for improvements.
34. Power to apply to court for
directions or information.
35. Administrator-General to keep
accounts.
36. Right of interested person to
inspect accounts, etc.
37. Payment of money into the
prescribed bank and investment of
surplus funds.
38. Administrator-General to file
final account.
39. Power to file interim account.
40. Administrator-General to file
interim accounts.
41. Power to transfer share of
minor to relative.
Distribution of Residue
42. Distribution of proceeds of
estate.
43. Disposal of immovable
property.
44. Assets of persons not
domiciled in Ghana payable to
executor abroad.
45. Disposal of proceeds of
intestate estates.
46. Order on petition.
47. Rival claims to residue.
48. Assets unclaimed for five
years to be transferred to
Consolidated Fund.
49. Power of Minister to dispose
of unclaimed assets.
50. Fees.
51. Expenses.
52. Right of Administrator-General
to costs.
Administration of Small Estates
53. Power to administer where
assets do not exceed ˘100.
54. Power to remit fees in estates
not exceeding ŁG100.
55. Power to make rules.
56. Power to Administrator-General
to appoint agents.
57. Power to administer oath.
58. False evidence.
59. Agent may take charge of
assets.
60. Annual report of
Administrator-General.
PART III—EXECUTORS AND
ADMINISTRATORS
General Provisions
61. Necessity for probate.
62. Cesser of right of executor to
prove.
63. Withdrawal of renunciation.
64. Executor of executor
represents original testator.
65. Right of proving executors to
exercise powers.
66. Liability of acting executor
failing to apply for probate.
67. Executor not to act while
administration is in force.
68. Continuance of legal
proceedings after revocation of
temporary administration.
69. Rights and liabilities of
administrator.
Duties, Rights and Obligations
70. Duty of personal
representative as to inventory.
71. Distress for rent.
72. Protection of persons acting
on probate or administration.
73. Liability of person
fraudulently obtaining estate of
deceased.
74. Liability of estate of
personal representative.
PART IV—GRANTS OF PROBATE AND
ADMINISTRATION
75. Power to grant representation
of movable and immovable property
separately or together.
76. Grant in case of insolvency.
77. Provisions as to the number of
personal representatives.
78. Power to grant representation
to a trust corporation.
79. Discretion of court as to
persons to whom administration is
to be granted.
80. Administration pendente lite.
81. Grant of special
administration where personal
representative is abroad.
82. Administration during minority
of executor.
83. Administration with will
annexed.
Recognition of Probate and Letters
of Administration Granted in
Commonwealth and Other Countries
84. Sealing of probate and letters
of administration from other
countries.
85. Duplicate may be sealed in
lieu of original.
86. Rules.
87. Interpretation.
Probate Exemption
88. "Proper Officer" and "Public
Officer".
89. Distribution without probate
of sums not exceeding ŁG200.
90. Decision of questions arising
under sections 88 to 91.
91. Regulations.
PART V—ADMINISTRATION OF ASSETS
92. Movable and immovable property
of deceased are assets for payment
of debts.
93. Realisation of assets.
94. Administration of assets.
95. Charges on property of
deceased to be paid primarily out
of the property charged.
96. Effect of assent or conveyance
by personal representative.
97. Validity of conveyance not
affected by revocation of
representation.
98. Right to follow property and
powers of the court in relation
thereto.
99. Powers of management.
100. Powers of personal
representative for raising money,
etc.
101. Powers of personal
representative as to
appropriation.
102. Power to appoint trustees of
infants' property.
103. Obligations of personal
representatives as to giving
possession of land and powers of
the court.
104. Estate to be Distributed
within Specified Period.
PART VI—MISCELLANEOUS
105. Distribution of residuary
estate.
106. Savings.
107. Application of Act.
108. Interpretation.
109. Statutes ceasing to apply.
110. Repeals.
111. Commencement.
SCHEDULES
First Schedule—Form of petition
for a grant of letters of
administration. (s. 16)
Second Schedule—Order of
application of assets where the
estate is solvent. (s.94)
Third Schedule—Form of a vesting
assent. (s. 96)
Fourth Schedule—Statutes ceasing
to apply. (s.109)
Fifth Schedule—Repeals.
THE SIXTY-THIRD
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE ADMINISTRATION OF ESTATES ACT,
1961
AN ACT to consolidate with
amendments enactments providing
for the administration of estates.
DATE OF ASSENT: 7th June, 1961
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled, as
follows—
PART I—DEVOLUTION OF MOVABLE AND
IMMOVABLE PROPERTY
Section 1—Devolution on Personal
Representatives.
(1) The movable and immovable
property of a deceased person
shall devolve on his personal
representatives with effect from
his death.
(2) In the absence of an executor
the estate shall, until a
personal representative is
appointed, vest as follows:—
(a) if the entire estate devolves
under customary law—in the
successor;
(b) in any other case—in the Chief
Justice.
Section 2—Status of Personal
Representatives.
(1) The personal representatives
shall be the representative of the
deceased in regard to his movable
and immovable property.
(2) The personal representatives
for the time being of a deceased
person are deemed in law his heirs
and assigns within the meaning of
all trusts and powers.
Section 3—Property of the
Deceased.
(1) An interest in property which
cannot by law be disposed of by
testamentary disposition is not
property for the purpose of this
Act.
(2) Immovable property passing
under any gift contained in a
will which operates as an
appointment under a general power
to appoint by will shall be deemed
to be property of the testator.
(3) The interest of a deceased
person under a joint tenancy where
another tenant survives the
deceased is not property of the
deceased.
(4) On the death of a corporator
sole his interest in the
corporation's movable and
immovable property is not property
of the deceased and shall devolve
on his successor.
Section 4—Property Devolving Under
Customary Law.
The interest of an intestate in
any property, movable or
immovable, of which by customary
law he could have disposed by
testamentary disposition shall be
deemed to be his property.
PART II—THE ADMINISTRATOR-GENERAL
Section 5—Application.
This Part applies to any estate in
respect of which a grant of
probate or letters of
administration may be granted by
the court.
Appointment and Functions
Section 6—Appointment and
Incorporation of
Administrator-General.
(1) The President shall appoint a
suitable person to be the
Administrator-General for the
purposes of this Act and as many
assistant administrators-general
as may be required.
(2) The Administrator-General
shall be a corporation sole by the
name of the Administrator-General
of the Republic of Ghana and shall
have perpetual succession and an
official seal and may sue and be
sued in his corporate name, but
any instrument sealed by him shall
not by reason of his using a seal
be rendered liable to a higher
stamp duty than if he were an
individual.
(3) The Administrator-General
shall be entitled to appear in
court either in person or by
counsel in any proceeding to which
he is a party.
Section 7—Liability of the
Administrator-General.
(1) Neither the
Administrator-General nor any
agent shall be personally liable
to any person in respect of assets
which are in the possession, at
the time of his death, of any
person whose estate is being
administered by the
Administrator-General, and are
dealt with by the
Administrator-General or agent,
unless the Administrator-General
or his agent, respectively, knows,
or has actual notice, before the
assets are dealt with that they
were not in fact the property of
the person whose estate is being
administered by the
Administrator-General, and
generally neither the
Administrator-General nor any
agent shall be liable for any act
done by him bona fide in the
supposed and intended performance
of his duties, unless it is shown
that the act was done not only
illegally but wilfully or with
gross negligence.
(2) Nothing in this section shall
affect section 19 of this Act.
Section 8—Liability of the
Government.
The revenue of the Republic shall
be liable to make good all sums
required to discharge any
liability which the
Administrator-General, if he were
a private administrator, would be
personally liable to discharge
except when the liability is one
to which neither the
Administrator-General nor any of
his agents has in any way
contributed, or which neither he
nor any of his agents could, by
the exercise of reasonable
diligence, have averted and in
either of those cases the
Administrator-General shall not,
nor shall the revenue of the
Republic, be subject to any
liability.
Section 9—Non Liability of
Administrator-General and
Government.
When death is proved to the
satisfaction of the
Administrator-General:—
(a) by a certified copy of a
register of deaths; or
(b) by a certificate of a local
authority in an area where there
is no compulsory registration of
deaths; or
(c) by a certificate of, in the
case of a public officer, the
official head of the department in
which he was employed,
neither the Administrator-General
personally nor the Government
shall be liable for any loss
incurred through a fraudulent or
innocent misrepresentation
concerning the death in question.
Section 10—Sale of Goods of Third
Party.
If during the administration of an
estate by the
Administrator-General there is
sold by the Administrator-General
or any agent on his behalf any
goods or chattels belonging to a
third party, the amount realised
by the sale shall be paid over to
the owner upon proof by him of
ownership unless the proceeds have
already been applied in payment of
the debts of the deceased or have
been distributed in the ordinary
course of administration whilst
the Administrator-General or his
agent was in ignorance or without
actual notice of the claim of that
person to the goods or chattels
sold.
Section 11—No Security or Oath
Required from
Administrator-General.
(1) The Administrator-General
shall not be required to verify
otherwise than by his signature,
any petition presented by him
under the provisions of this Act,
and if the facts stated in any
such petition are not within the
Administrator-General's own
personal knowledge, the petition
may be subscribed and verified by
any person competent to make the
verification.
(2) The facts stated in the
reports of administrative officers
to the Administrator-General
shall, for the purposes of this
section, be deemed to be within
the personal knowledge of the
Administrator-General.
(3) The Administrator-General
shall not be required to enter
into any administration bond, or
to give other security to the
court on the grant of any letters
of administration to him by that
name.
Section 12—Administrator-General
may be Appointed Executor.
The Administrator-General may be
appointed the executor of any
will.
Section 13—Grants to be made to
Administrator-General by that
Name.
All probates and letters of
administration granted to the
Administrator-General shall be
granted to him by that name, and
shall be deemed to include his
successors in office and shall
authorise the
Administrator-General to act as
executor or administrator, as the
case may be, of the estate to
which such probate or letters
relate.
Section 14—Effect of Grant to
Administrator-General.
Probate or letters of
administration granted by the
court to the Administrator-General
shall be conclusive as to his
representative title against all
debtors of the deceased and all
persons holding assets, and shall
afford full indemnity to all
debtors paying their debts, and
all persons delivering up such
assets, to the
Administrator-General, or to his
agents duly appointed in
accordance with the provisions of
this Act.
Section 15—Entry of Name of
Administrator-General on Company's
Books not to Constitute Notice of
a Trust.
(1) The entry of the name of the
Administrator-General in the books
of a company shall not constitute
notice of a trust, and a company
shall not be entitled to object to
enter the name of the
Administrator-General on its
register by reason only that the
Administrator-General is a
corporation, and in dealing with
assets the fact that the person
dealt with is the
Administrator-General shall not of
itself constitute notice of a
trust.
(2) The Administrator-General
shall not be personally liable for
any claim as a contributory.
Grant of Probate or of Letters of
Administration.
Section 16—Power of
Administrator-General to Petition
Court.
(1) The Administrator-General may,
whenever he becomes aware of any
estate which he considers
unrepresented, present a petition
to the court in the form set out
in the First Schedule to this Act,
praying for the grant of probate
or of letters of administration of
the estate and the court may, upon
being satisfied that the estate is
unrepresented, make an order
accordingly, and thereupon the
Administrator-General shall
forthwith cause an inventory to be
made of the estate and filed in
the court.
(2) The Administrator-General
shall not petition the court in
respect of any estate for the
administration of which other
special provision is made by any
enactment.
Section 17—Entering upon Estate
before Court Order.
The Administrator-General may, if
he thinks fit, immediately on
becoming aware of any
unrepresented estate and before
obtaining a grant of probate or of
letters of administration of the
same, enter upon the estate for
the purpose of sealing up or
making such other dispositions for
the security of the estate as he
may deem necessary.
Section 18—Time of Application.
Nothing in any enactment shall
preclude the Administrator-General
from applying to the court for a
grant of probate or of letters of
administration at any time after
the death of the deceased.
Section 19—Uncertainty as to
Succession.
(1) Whenever:—
(a) any person dies leaving assets
in Ghana and the court is not
satisfied that there is any person
immediately available who is
legally entitled to succession to
the assets, or that danger is to
be apprehended of
misappropriation, deterioration,
or waste of the assets before the
succession thereto can be
determined, or whether the
Administrator-General is entitled
to a grant of probate or of
letters of administration of the
estate of the deceased in respect
thereof, or
(b) the agent in charge of any
assets in Ghana belonging to any
person not residing in Ghana or
belonging to a company not
incorporated in Ghana dies without
leaving any responsible person in
charge thereof,
the court may, upon the
application of the
Administrator-General or any
person interested in the assets or
in the due administration thereof,
direct the Administrator-General
to collect and take possession of
the assets and to hold, posses,
realise, and dispose of them
according to the direction of the
court, and in default of any such
directions, to the provisions of
this Act so far as applicable to
the assets.
(2) Any order of the court made
under this section shall entitle
the Administrator-General—
(a) to maintain any suit or
proceedings for the recovery of
the assets; and
(b) if he thinks fit to apply for
a grant of probate or of letters
of administration of the estate of
the deceased; and
(c) Subject to section 54 of this
Act, to retain out of the assets
of the estate any fees chargeable
under rules made under this Act
and to reimburse himself for all
payment made by him in respect of
the assets which a private
administrator might lawfully have
made. [As Substituted by
Administration of Estates
(Amendment) Law, 1985 (PNDCL 113)
s. 1].
Section 20—Grant to Persons
Appearing.
If in the course of proceedings to
obtain a grant of probate or of
letters of administration under
section 16, section 18 or section
19 of this Act any person appears
and establishes his claim—
(a) to probate of the will of the
deceased; or
(b) to letters of administration
as next-of-kin of the deceased,
and gives such security as may be
required of him by law,
the court may grant probate of the
will or letters of administration
accordingly, and shall award the
Administrator-General the costs of
any proceedings taken by him,
under those sections, to be paid
out of the estate as part of the
testamentary or intestate expenses
thereof.
Section 21—Grant to
Administrator-General.
If in the course of the
proceedings to obtain a grant of
probate or of letters of
administration under section 16,
section 18 or section 19 of this
Act, no person establishes his
claim to probate of a will, or to
a grant of letters of
administration as next-of-kin of
the deceased within such period as
to the court seems reasonable, or
if a person who has established
his claim to a grant of letters of
administration as next-of-kin of
the deceased fails to give such
security as may be required of him
by law, the court may grant
probate or letters of
administration to the
Administrator-General.
Section 22—Transfer by Private
Executor or Administrator to
Administrator-General.
(1) Any private executor or
administrator may, with the
previous consent of the
Administrator-General by
instrument in writing under his
hand, notified in the Gazette,
transfer the assets of the estate
vested in him by virtue of the
probate or letters to the
Administrator-General by that
name.
(2) As from the date of transfer,
the transferor shall be exempt
from all liability as executor or
administrator, as the case may be,
except in respect of acts or
omissions done, or committed,
before the date of transfer, and
the Administrator-General shall
have the same rights and be
subject to the same liabilities as
if probate or letters of
administration, as the case may
be, had been granted to him by
that name at the date of transfer.
Revocation of Grant of Probate or
Letters of Administration
Section 23—Revocation of Grant to
Administrator-General.
(1) If an executor or next-of-kin
of the deceased who has not been
personally served with a citation
or who has not had actual notice
thereof in time to appear pursuant
thereto, establishes to the
satisfaction of the court a claim
to probate of a will or to letters
of administration in preference to
the Administrator-General, any
probate or letters of
administration granted to the
Administrator-General may be
revoked, and probate or letters of
administration may be granted to
the executor or next-of-kin, as
the case may be.
(2) Probate or letters of
administration granted to the
Administrator-General shall not be
revoked under this section upon
the application of the next-of-kin
of the deceased, unless the
application be made within six
months after the grant to the
Administrator-General and the
court is satisfied that there has
been no unreasonable delay in
making the application or in
transmitting the authority under
which the application is made.
Section 24—Costs of
Administrator-General on
Revocation to Grant.
(1) If any grant of probate or
letters of administration to the
Administrator-General is revoked,
the court may order the costs of
obtaining the letters of
administration and the whole or
any part of the fees which would
otherwise have been payable under
this Act together with the costs
of the Administrator-General in
any proceedings taken to obtain
revocation, to be paid to or
retained by the
Administrator-General out of the
estate.
(2) This section shall not affect
section 19 (2) (c) of this Act.
Section 25—On Revocation Previous
Acts of Administrator-General
Deemed Valid.
(1) If any grant of probate or
letters of administration to the
Administrator-General is revoked,
it shall so far as regards the
Administrator-General and all
persons acting under his authority
in pursuance thereof, be deemed to
have been valid, except as to any
act done by the
Administrator-General, or any such
person, after notice of a will or
of any other fact which would
render the probate or letters
void.
(2) No notice of a will or of any
other fact which would render any
grant void shall affect the
Administrator-General or any
person acting under his authority
in pursuance of the grant unless
within the period of one month
from the time of giving the notice
proceedings are commenced to prove
the will or to cause the letters
to be revoked and the proceedings
are prosecuted without
unreasonable delay.
Section 26—Payments made by
Administrator-General Prior to
Revocation of Grant.
If any grant of probate or letters
of administration to the
Administrator-General is revoked
upon the grant of probate of a
will or upon the grant of letters
of administration with copy of the
will annexed, all payments made or
acts done by or under the
authority of the
Administrator-General in pursuance
of the grant to him prior to
revocation, which would have been
valid if the grant had not been
revoked shall be deemed valid
notwithstanding revocation.
Administration
Section 27—Movable and Immovable
Property to be Realised.
(1) The Administrator-General may,
convert into money all movable
property except household chattels
of an intestate to which section 3
of the Intestate Succession Law,
1985 (PNDCL 111) applies and with
the consent of the Court the
immovable property of an intestate
which he administers.
(2) Notwithstanding subsection (1)
of this section if in the opinion
of the Administrator-General the
claims of creditors of the
intestate cannot be met without
converting those household
chattels of the intestate into
money he shall apply to the Court
for an order to sell and convert
such household chattels into
money.
(3) The Court shall, in making an
order under subsection (2) of this
section consider all the
circumstances of the case,
including the wishes of those
beneficiaries entitled to such
household chattels under the
Intestate Succession Law, 1985 (PNDCL
111).
(4) Notwithstanding subsection (1)
of this section if all parties
interested in the immovable
property consent in writing to the
conversion into money by the
Administrator-General or if the
value of the immovable property
does not exceed fifty thousand
cedis and the
Administrator-General is satisfied
that the conversion of the
immovable property into money
would be to the advantage of the
estate, the consent of the Court
shall not be necessary. [As
Substituted by Administration of
Estates (Amendment) Law, 1985 (PNDCL
113) s. 2].
Section 28—Payment of Debts and
Distribution of Assets.
(1) The Administrator-General
shall cause advertisements to be
published in the Gazette, and in
such other manner as he thinks
fit, calling upon the creditors of
a person whose estate he
administers and other persons
beneficially entitled thereto to
come in and prove their claims
before him within such period as
he may specify. Subject to section
42 of this Act he shall after the
expiration of that period pay the
debts proved, and if the whole
thereof cannot be paid he shall
pay a dividend thereon-if he
collects any further assets after
making payment he shall, in case
any part of the debts proved
remains unpaid, pay them and any
debts subsequently proved before
him or a dividend thereon; but
such debts as are subsequently
proved shall first be paid a
dividend in proportion to their
amount equal to the dividend paid
to creditors having previously
proved their debts.
(2) The Administrator-General may
require that any claim filed by a
creditor or a claimant shall
express the name and place of
abode of the creditor or claimant,
the origin of the debt or claim,
the degree or class of the debt
and the particulars and exact
amount thereof, verified by
affidavit, and there shall also be
annexed to every claim the
documents purporting to be
evidence thereof; he may also
require any claimants to make an
affidavit in the prescribed form
setting forth particulars
concerning the person beneficially
entitled to the estate according
to the best of their knowledge and
belief.
Section 29—Disposal of Assets
Received from Abroad.
Where the Administrator-General is
administering an estate and he
receives assets which at the time
of the death of the deceased were
situated outside Ghana those
assets shall be treated in the
same manner as assets in Ghana at
the time of death.
Section 30—Barring of Claims.
(1) When the Administrator-General
has given the prescribed notice
for creditors and others to send
in their claims against the estate
of the deceased, he shall, at the
expiration of the time therein
named for sending in claims, be at
liberty to distribute the assets
or any part thereof in discharge
of such lawful claims as he has
notice of.
(2) He shall not be liable, for
the assets so distributed, to any
person of whose claim he had not
notice at the time of the
distribution.
(3) No notice of any claim which
has been sent in and has been
rejected, or disallowed in part by
the Administrator-General shall
affect him unless proceedings to
enforce the claim are commenced
within two months after notice of
rejection or disallowance of the
claim has been given and unless
proceedings are prosecuted without
unreasonable delay.
(4) This section shall not
prejudice the right of any
creditor or other claimant to
follow the assets or any part
thereof in the hands of the
persons who may have received
them.
(5) In computing the period of
limitation, if any, for any suit,
appeal or application under the
provisions of any law for the time
being in force, the period between
the date of submission of the
claim of a creditor to the
Administrator-General and the date
of the final decision of the
Administrator-General on the claim
shall be excluded.
Section 31—Costs in Suit Against
Administrator–General.
(1) If any suit is brought by a
creditor against the
Administrator-General, the
creditor shall be liable to pay
the costs of the suit unless he
proves that not less than one
month previous to the institution
of the suit he had applied in
writing to the
Administrator-General stating the
amount and other particulars of
his claim, and had given such
evidence in support thereof as, in
the circumstances of the case, the
Administrator-General was
reasonably entitled to require.
(2) If the suit is decreed in
favour of the creditor, he shall,
nevertheless, unless he is a
secured creditor, be only entitled
to payment out of the assets of
the deceased equally and rateably
with the other creditors.
Section 32—Disposal of Jewellery,
etc.
Section 33—Power of
Administrator-General to Pay for
Improvements.
The Administrator-General may, in
addition to and not in derogation
of any other powers of expenditure
lawfully exercisable by him, incur
expenditure:—
(a) on such acts as may be
necessary for the proper care and
management of any property
belonging to any estate in his
charge; and
(b) with the sanction of the
court on such improvements as may
be reasonable and proper in the
case of such property.
Section 34—Power to Apply to Court
for Directions or Information.
(1) The court, on the application
of the Administrator-General or of
any person interested in the
assets of an estate or in the due
administration thereof, may give
to the Administrator-General
directions as to any estate in his
charge or in regard to the
administration of any such estate.
(2) Where any property of a
deceased person devolves in
accordance with customary law the
Administrator-General may apply to
a court of competent jurisdiction
for information as to how that
property should be distributed and
the property distributed in
accordance with such information
shall, so far as concerns the
liability of the
Administrator-General or the
Government, be deemed to be well
administered.
Section 35—Administrator-General
to keep Accounts.
(1) The Administrator-General
shall make a complete inventory of
every estate which he administers
and shall keep an account of all
receipts, payments and dealings
with the estate; he shall retain
all letters received, and copies
of all letters written by him, and
all deeds, writings, and papers of
or relating to the estate.
(2) The Administrator-General may
destroy any private papers, bills,
receipts, memoranda and other
similar documents of no value,
which he has received along with
the estate and which are not
claimed by the beneficiaries, or
other persons entitled thereto.
Section 36—Right of Interested
Person to Inspect Accounts Etc.
Any creditor or beneficiary of an
estate which is in the charge of
the Administrator-General shall
upon payment of the prescribed fee
and subject to such conditions and
restrictions as may be prescribed,
be entitled at all reasonable
times to inspect the accounts
relating to the estate and the
reports and certificates of the
auditor, and on payment of the
prescribed fee, to copies thereof
and extracts therefrom.
Section 37—Payment of Money into
the Prescribed Bank and Investment
of Surplus Funds.
(1) An Administrator-General's
account shall be kept by the
Administrator-General with such
bank as may be prescribed, and all
moneys received by the
Administrator-General in respect
of proceedings under this Act
shall be paid into that account.
Whenever the cash balance standing
to the credit of the
Administrator-General's account is
in excess of the amount which in
the opinion of the
Administrator-General is required
for the time being to answer
demands in respect of the estate
being administered by him, the
Administrator-General may deposit
the cash balance or any part
thereof with the
Accountant-General or in a
Government savings bank or invest
the whole or any part thereof in
any funds or securities in which
trustees are by the law for the
time being in force authorised to
invest trust funds.
(2) Whenever any money so placed
on deposit or invested is, in the
opinion of the
Administrator-General, required to
answer any demands in respect of
estates administered by him, the
Administrator-General shall
thereupon withdraw the money
deposited or realise the
investment, as the case may be,
and place the amount received to
the credit of the cash balance of
the Administrator-General's
account.
(3) When the realised assets of an
estate are so small in value that
the estate is practically
indivisible amongst the
beneficiaries or creditors
entitled thereto or when after
division of the estate a balance
remains which by reason of the
number of the beneficiaries or
creditors and the small amount of
the balance is practically
indivisible amongst the
beneficiaries or creditors, the
assets or balances shall be paid
or transferred on the closing of
the estate account into the
Consolidated Fund.
Section 38—Administrator-General
to File Final Account.
(1) On the completion of the
administration of an estate the
Administrator-General shall file
in court his accounts and
vouchers relating thereto,
together with an affidavit in
verification, and after fourteen
days' notice has been given in the
prescribed manner by the
Administrator-General to all
persons interested, who are
resident in Ghana, setting forth
the day and the hour to be
appointed by the taxing officer
for the passing of the accounts,
the accounts may be examined and
taxed by the taxing officer in the
presence of any person who may
attend upon the notice, and
objection may be taken to the
account, or to any item or part
thereof, and the taxation may be
brought under review by the court
in the same manner, as near as may
be, as in the case of any
proceeding in court.
(2) A certificate under the hand
of the taxing officer or of a
judge of the court, to the effect
that the accounts have been
examined and found correct, shall
be a valid and effectual discharge
in favour of the
Administrator-General, as against
all persons whatsoever.
Section 39—Power to File Interim
Account.
The Administrator-General may, on
giving the notice referred to in
section 38 of this Act, pass
interim accounts prior to the
completion of the administration.
Section 40—Administrator-General
to File Interim Account.
Where the administration of an
estate by the
Administrator-General is not
completed within eighteen months
after the grant of letters of
administration, the
Administrator-General shall,
unless otherwise ordered by the
court, file in the court an
interim statement of accounts
which may be examined in
accordance with the rules of
court.
Section 41—Power to Transfer Share
of Minor to Relative.
When any person entitled to a
share under the will or in the
distribution of the estate of a
deceased person, whose estate is
being administered by the
Administrator-General, is a minor,
the court may, upon the
application of the
Administrator-General, appoint the
father or mother of the minor, or
some other suitable person, to
receive the share of the minor on
his behalf, and upon the
appointment being made, the
Administrator-General may pay the
share of the minor to that person
on behalf of the minor, and the
receipt of that person shall be a
full and complete discharge to the
Administrator-General so far as
regards that share.
Distribution of Residue
Section 42—Distribution of
Proceeds of Estate.
As soon as may be after the
expiration of the time limited for
the submission of claims in the
last of the notices published in
pursuance of section 28 of this
Act, or after the settlement of
any disputed claim, the
Administrator-General shall
dispose of the property of the
estate in the manner following—
(a) he shall reimburse himself of
all such costs and charges as he
may reasonably have incurred in
collecting the estate;
(b) he shall pay to the credit of
the Consolidated Fund out of the
gross amount of moneys arising
from the realisation of the estate
such percentage thereof as may be
prescribed;
(c) he shall pay the creditors of
the estate in the order and manner
provided by law; and
(d) he shall pay or distribute the
balance (if any) which remains
after such payments aforesaid to
the persons legally entitled
thereto, if known or, if unknown,
to the Accountant-General in trust
for the persons entitled thereto,
in accordance with section 45 of
this Act.
Section 43—Disposal of Immovable
Property.
When after winding up an estate
any immovable property remains
undisposed of, the
Administrator-General shall
forthwith, and before closing the
accounts of the estate, apply to
the court for directions as to the
disposal of the immovable
property, and the court may order
it to be sold, or may appoint a
receiver or make such other order
as the court thinks fit.
Section 44—Assets of persons not
Domiciled in Ghana Payable to
Executor Abroad.
(1) When a person, not having his
domicile in Ghana, has died
leaving assets in Ghana, the
Administrator-General, after
having given the prescribed notice
for creditors and others to send
in to him their claims against the
estate of the deceased, and after
having discharged at the
expiration of the time therein
named such lawful claims as he may
have notice of, may, instead of
distributing any surplus or
residue of the deceased's assets
to persons residing in another
country who are entitled thereto,
transfer, with the consent of the
executor or administrator, if any,
as the case may be, in the country
of the domicile of the deceased,
the surplus or residue to that
executor or administrator for
distribution to those persons; or
to a consular officer of that
country or other authority
competent to receive it, whose
receipt shall be a full and
complete discharge to the
Administrator-General.
(2) The Administrator-General may
transfer the residue through the
Accountant-General in any such
case and a written acknowledgement
by the Accountant-General that he
has received the surplus for such
a purpose shall be a full and
complete discharge to the
Administrator-General.
(3) The Minister may prescribe the
fees payable to a consular officer
or authority mentioned in this
section.
Section 45—Disposal of Proceeds of
Intestate Estates.
(1) When the Administrator-General
has completed the administration
of the estate of any person who
has died intestate and without
known next-of-kin by paying all
debts, fees, expenses and
liabilities incident to the
collection, management and
administration of the estate and,
after the passing of the accounts
of the estate by the taxing
officer or a judge, any sum of
money remains to the credit of the
estate in the hands of the
Accountant-General, the
Administrator-General shall inform
the Attorney-General who shall
forthwith publish a notice in the
Gazette, announcing the completion
of the administration of the
estate and the passing of the
accounts and the amount of the
residue of the estate remaining
and calling upon all persons
claiming to be interested in such
estate on legal, equitable or
moral grounds to present their
petitions to the court.
(2) A petition may be presented at
any time within two years from the
date of the notice, unless the
court, under subsection (3) of
this section, fixes a lesser
period within which the petition
may be presented, and no claim
shall be entertained after the
expiration of two years or such
lesser period of time as may be
fixed by the court, and the
hearing of the petition shall not
take place until two months have
elapsed after the expiration of
the period of two years or lesser
period and until the petitioner
has given two months' notice in
the Gazette of the presentation of
the petition or intention to
present it, and if the petition
has been presented and no such
notice given, until after the day
appointed by the court.
(3) (a) Where the court is
satisfied upon application, either
by the Attorney-General or by a
person who has presented a
petition as provided for in
subsection (1) of this section,
that it is unlikely that there
will be any further petitions
presented or that a lesser period
of time will be sufficient for the
presentation of petitions, the
court may order that instead of
the period of two years mentioned
in subsection (2) there shall be
substituted for that period such
lesser period, not being less than
six months, as the court may
consider sufficient.
(b) Notice of any order made by
the court under this subsection
shall be published in the Gazette.
(4) Every petition shall state the
place of residence of the claimant
and the grounds upon which, and
the description of the estate in
respect of which, the claim is
made.
(5) A copy of the petition shall
be served upon the
Attorney-General.
(6) Any person claiming to be
interested in the estate may
appear personally or by a legal
practitioner, and the respective
claims of different petitioners
may be heard and dealt with at the
hearing.
(7) The equitable or moral claims
in this section referred to shall
include those of dependants,
whether kindred or not, of the
deceased or other persons for whom
the deceased might reasonably have
been expected to make provision.
Section 46—Order on Petition.
(1) If any petitioner verifies his
claim by evidence to the
satisfaction of the court, the
court shall make such order in
the matter, including any award
of costs, as it thinks fit.
(2) The order may contain a
direction to the
Accountant-General to pay from the
sum standing to the credit of the
estate in his hands the sum
awarded to any claimant or
petitioner by the order or any
debt appearing to the court to be
then outstanding and due from the
estate.
Section 47—Rival Claims to
Residue.
Where two or more persons lay
claim to any estate or residue,
the Administrator-General may pay
into court and notify the
claimants and the court may with
the consent of the parties,
dispose of their claims by
determining them in a summary
manner, and may make such order
therein with regard to costs and
all other matters as the
circumstances may require. Where
the parties do not consent, they
may proceed to obtain a decision
of their claims according to the
ordinary course of law.
Section 48—Assets Unclaimed for
Five Years to be Transferred to
Consolidated Fund.
(1) All assets deposited by the
Administrator-General with the
Accountant-General in accordance
with section 42, or paid into
court in accordance with section
47, of this Act, which have
remained with the
Accountant-General or court for a
period of five years or upwards,
without any application for
payment thereof having been made
and granted by the court, shall be
transferred, in the prescribed
manner, to the account and credit
of the Consolidated Fund.
(2) The assets shall not be so
transferred if any suit or
proceeding is pending in respect
thereof in any court.
(3) If before the end of the
period of five years it is claimed
and proved on behalf of the
Republic to the satisfaction of
the court that any assets
deposited with the
Accountant-General are bona
vacantia, then those assets shall
at once become the absolute
property of the Republic, but
shall be subject to the power of
disposal conferred on the Minister
by section 49 of this Act.
Section 49—Power of Minister to
Dispose of Unclaimed Assets.
The Minister may dispose of or
distribute either the whole or
any part of any assets transferred
under the provisions of section 48
of this Act, or otherwise, to or
among any kindred of the deceased
or any other such persons in such
shares or manner as he thinks fit,
regard being had to any equitable
or moral claims.
Fees, Expenses and Costs
Section 50—Fees.
There shall be charged in respect
of the duties of the
Administrator-General such fees as
may be prescribed.
Section 51—Expenses.
(1) Any expenses which might be
retained or paid out of any estate
in the charge of the
Administrator-General, if he were
a private administrator of the
estate, shall be so retained and
paid and the fees prescribed
under section 50 of this Act shall
be retained and paid in like
manner as an addition to the
expenses.
(2) Fees of court payable under
any enactment or rule of court
shall not be charged, paid or
collected in respect of estates
administered by the
Administrator-General under
section 59 of this Act.
(3) Fees, charges and
reimbursements to be retained or
paid by the Administrator-General
shall have priority over all debts
of the deceased and may be
deducted from any moneys received
by the Administrator-General in
the course of the administration.
Section 52—Right of
Administrator-General to Costs.
When the court orders the costs of
the proceedings, to which the
Administrator-General is a party,
to be paid otherwise than out of
the estate of a deceased person
which is being administered by the
Administrator-General, the
Administrator-General shall be
entitled to charge ordinary costs,
whether he has appeared in person
or not; and those costs shall be
credited to the Consolidated Fund.
Administration of Small Estates
Section 53—Power to Administer
where Assets do not Exceed ˘100.
(1) Subject to the provisions of
the Intestate Succession Law, 1985
(PNDCL 111), whenever any person
dies intestate leaving property or
assets in Ghana, the gross value
of which does not exceed fifty
thousand cedis the
Administrator-General may by
notice in the Gazette (which may
be combined with a notice to
creditors and others) advertise
his intention to administer the
estate and at the expiration of
the time limited by the notice he
may apply to the Court for leave
to administer the estate.
(2) The Administrator-General
shall not under the power
conferred by this section
undertake the administration of an
estate if there has been any
previous appointment of an
administrator under any other
provision relating to small
estates, or if there has been any
previous grant of probate of the
will of the deceased or of letters
of administration of his estate,
unless and until that appointment
or grant has been revoked.
(3) It shall not be obligatory on
the Administrator-General to file
in Court his accounts or vouchers
in respect of an estate
administered under this section
unless he is required to do so by
a beneficiary or creditor of the
administration, and receives
payment of such sum as the
Administrator-General may
reasonably require to cover the
costs of preparing, filing and
passing the accounts.
(4) The Administrator-General
shall give notice in the
prescribed manner to all persons
interested that he has completed
the administration of the estate.
A beneficiary or creditor must
call on the Administrator-General
to file an account under
subsection (3) of this section
within one month of the notice
being given.
(5) The Administrator-General
shall have full power to settle
finally and without appeal all
disputes and questions which may
arise in the course of an
administration by him under this
section, including claims by
creditors, but may allow an appeal
to the Court or may himself apply
to the Court for directions.
(6) In settling disputes or
questions, the
Administrator-General may, if he
thinks it expedient in the
interests of justice or with a
view to saving expense, act on
information which appears to him
to be credible though it is not
legal evidence. [As Substituted by
Administration of Estates
(Amendment) Law, 1985 (PNDCL 113)
s. 4].
Section 54—Power to Remit Fees in
Estates not Exceeding ŁG100.
(1) Where an estate is
administered by the
Administrator-General under
section 53 of this Act the
Administrator-General may remit
all fees and costs usually payable
upon an administration by the
Administrator-General, and
substitute therefor a fee
calculated in accordance with
rules made under section 56 of
this Act.
(2) In calculating the amount of
the fee payable a fraction of a
shilling shall be taken as a
shilling.
Miscellaneous
Section 55—Power to make Rules.
(1) The Minister by legislative
instrument may make rules for
carrying into effect the objects
of this Part and for regulating
the proceedings of the
Administrator-General.
(2) In particular and without
prejudice to the generality of the
foregoing power the rules may—
(a) provide for the accounts to be
kept by the Administrator-General;
(b) provide for the notices to be
given by the Administrator-General
and the method of service;
(c) prescribe forms, scales of
fees and any matter in this Act
directed to be prescribed;
(d) define the powers and
liabilities of agents, provide for
the appointment of such persons as
may be thought advisable to be
agents, fix the amount of security
to be given by agents and the
remuneration to be allowed to
them, whether by way of fees or
salary, and generally regulate
their duties.
Section 56—Power to
Administrator-General to Appoint
Agents.
(1) The Administrator-General may
appoint such person or persons, as
he thinks fit, to act as his agent
or agents for the preservation of
the assets under section 19 of
this Act or in the managing,
collection, and getting in of the
assets and in payment of the
liabilities and the distribution
of the assets of a deceased person
whose estate is in the course of
administration by him. The agent
or agents shall in all respects
act under the direction of the
Administrator-General, who shall
not be answerable for any act or
omission of any agent not in
conformity with his direction, or
which would not have happened by
the Administrator-General's own
fault or neglect.
(2) Every agent shall find
security, to the satisfaction of
the Administrator-General, for the
performance of his duty.
(3) Agents may be remunerated
either by salary or such fees as
the Administrator-General with the
approval of the Minister may
decide.
Section 57—Power to Administer
Oath.
The Administrator-General may
administer oaths, and whenever he
desires, for the purposes of this
Act, to satisfy himself regarding
any question-of-fact, examine upon
oath any person who is willing to
be so examined by him regarding
the question.
Section 58—False Evidence.
Whoever in any matter affecting
the administration of an estate
makes upon oath a statement which
is false, and which he either
knows or believes to be false or
does not believe to be true, shall
be deemed to have intentionally
given false evidence in a judicial
proceeding.
Section 59—Agent may Take Charge
of Assets.
In the case of deceased persons,
having assets in Ghana, the agent
of the Administrator-General of
the area in which the assets are
situated may, when he thinks it
advisable for the protection of
the estate, take possession
thereof, and in such case he shall
forthwith report his action to the
Administrator-General, who shall
give such directions and take such
proceedings in the matter as he
thinks fit.
Section 60—Annual Report of
Administrator-General.
The Administrator-General shall
furnish to the Minister
responsible for Finance as early
as possible in each year, a
statement showing the amount of
money received, paid and expended
in each case, of the estates being
administered by him during the
previous year.
PART III—EXECUTORS AND
ADMINISTRATORS
General Provisions
Section 61—Necessity for Probate.
A
grant of probate is necessary to
entitle an executor to administer
the property, whether movable or
immovable, of the testator.
Before probate, the executor may,
for the benefit of the estate,
exercise the functions which
pertain to his office but he shall
not be entitled to make a
disposition of any property.
Section 62—Cesser of Rights of
Executor to Prove.
Where a person appointed executor
by a will:—
(a) survives the testator but dies
without having taken out probate
of the will; or
(b) is cited to take out probate
of the will and does not appear to
the citation; or
(c) renounces probate of the will;
his rights in respect of the
executorship shall wholly cease,
and the representation to the
testator and the administration of
his estate shall devolve and be
committed in like manner as if
that person had not been appointed
executor.
Section 63—Withdrawal of
Renunciation.
(1) Where an executor who has
renounced probate has been
permitted, whether before or after
the commencement of this Act, to
withdraw the renunciation and
prove the will, the probate shall
take effect and be deemed always
to have taken effect without
prejudice to the previous acts and
dealings of and notices to any
other personal representative who
has previously proved the will or
taken out letters of
administration, and a memorandum
of the subsequent probate shall be
endorsed on the original probate
or letters of administration.
(2) This section applies whether
the testator died before or after
the commencement of this Act.
Section 64—Executor of Executor
Represents Original Testator.
(1) An executor of a sole or last
surviving executor of a testator
is the executor of that testator.
This provision shall not apply to
an executor who does not prove the
will of his testator, and, in the
case of an executor who on his
death leaves surviving him some
other executor of his testator who
afterwards proves the will of that
testator, it shall cease to apply
on the probate being granted.
(2) So long as the chain of the
representation is unbroken, the
last executor in the chain is the
executor of every preceding
testator.
(3) The chain of the
representation is broken by—
(a) an intestacy; or
(b) the failure of a testator to
appoint an executor; or
(c) the failure to obtain probate
of a will;
but is not broken by a temporary
grant of administration if probate
is subsequently granted.
(4) Every person in the chain of
representation to a testator—
(a) has the same rights in respect
of the estate of that testator as
the original executor would have
had if living; and
(b) is, to the extent to which
the estate of that testator has
come to his hands, answerable as
if he were an original executor.
Section 65—Right of Proving
Executors to Exercise Powers.
(1) Where probate is granted to
one or some of two or more
persons named as executors,
whether or not power is reserved
to the others or other to prove,
all the powers which are by law
conferred on the personal
representative may be exercised by
the proving executor or executors
for the time being and shall be as
effectual as if all the persons
named as executors had concurred
therein.
(2) This section applies whether
the testator died before or after
the commencement of this Act.
Section 66—Liability of Acting
Executor Failing to Apply for
Probate.
If a person appointed executor by
will takes possession of and
administers or otherwise deals
with any property of the deceased
and does not apply for probate
within one month after the death,
or after the termination of any
suit or dispute respecting probate
or administration, he may,
independently of any other
liability, be punished for
contempt of court.
Section 67—Executor Not to Act
While Administration is in Force.
Where administration has been
granted in respect of any estate
of a deceased person, no person
shall have power to bring any
action or otherwise act as
executor of the deceased person
in respect of the estate
comprised in or affected by the
grant until the grant has been
recalled or revoked.
Section 68—Continuance of Legal
Proceedings After Revocation of
Temporary Administration.
If, while any legal proceeding is
pending in any court by or
against an administrator to whom a
temporary administration has been
granted, that administration is
revoked, that court may order
that the proceeding be continued
by or against the new personal
representative in like manner as
if it had been originally
commenced by or against him, but
subject to such conditions and
variations, if any, as that court
directs.
Section 69—Rights and Liabilities
of Administrator.
Every person to whom
administration of the estate of a
deceased person is granted shall,
subject to the limitations
contained in the grant, have the
same rights and liabilities and be
accountable in like manner as if
he were the executor of the
deceased.
Duties, Rights and Obligations
Section 70—Duty of Personal
Representative as to Inventory.
The personal representative of a
deceased person shall, when
lawfully required so to do,
exhibit on oath in the court a
true and perfect inventory and
account of the estate of the
deceased, and the court shall have
power as heretofore to require
personal representatives to bring
in inventories.
Section 71—Distress for Rent.
(1) A personal representative may
distrain upon land for arrears of
rent due or accruing to the
deceased in like manner as the
deceased might have done had he
been living.
(2) The arrears may be distrained
for after the termination of the
lease or tenancy as if the term or
interest had not determined, if
the distress is made—
(a) within six months after the
termination of the lease or
tenancy; and
(b) during the continuance of the
possession of the lessee or tenant
from whom the arrears were due.
(3) Any enactments relating to
distress for rent apply to any
distress made pursuant to this
section.
Section 72—Protection of Persons
Acting on Probate or
Administration.
(1) Every person making or
permitting to be made any payment
or disposition in good faith under
a representation shall be
indemnified and protected in so
doing, notwithstanding any defect
or circumstance whatsoever
affecting the validity of the
representation.
(2) Where a representation is
revoked, all payments and
dispositions made in good faith to
a personal representative under
the representation before the
revocation thereof are a valid
discharge to the person making
them; and the personal
representative who acted under the
revoked representation may retain
and reimburse himself in respect
of any payments or dispositions
made by him which the person to
whom representation is afterwards
granted might have properly made.
Section 73—Liability of Person
Fraudulently Obtaining or
Retaining Estate of Deceased.
If any person, to the defrauding
of creditors or without full
valuable consideration, obtains,
receives or holds any estate of a
deceased person or effects the
release of any debt or liability
due to the estate of the deceased,
he shall be charged as executor in
his own wrong to the extent of the
estate received or coming to his
hands, or the debt or liability
released, after deducting :—
(a) any debt for valuable
consideration and without fraud
due to him from the deceased
person at the time of his death;
and
(b) any payment made by him which
might properly be made by a
personal representative.
Section 74—Liability of Estate of
Personal Representative.
Where a person as personal
representative of a deceased
person (including an executor in
his own wrong) wastes or converts
to his own use any part of the
estate of the deceased, and he
dies, his personal representative
shall to the extent of the
available assets of the defaulter
be liable and chargeable in
respect of the waste or conversion
in the same manner as the
defaulter would have been if
living.
PART IV—GRANTS OF PROBATE AND
ADMINISTRATION
Section 75—Power to Grant
Representation of Movable and
Immovable Property Separately or
Together.
Probate or administration in
respect of the immovable property
of a deceased person, or any part
thereof, may be granted either
separately or together with
probate or administration of his
movable property, and may also be
granted in respect of immovable
property only where there is no
movable property, or in respect of
a trust estate only, and a grant
of administration to immovable
property may be limited in any
way the court thinks proper.
Section 76—Grant in Case of
Insolvency.
Where the estate of the deceased
is known to be insolvent, the
grant of representation to the
estate shall not be several except
as regards a trust estate.
Section 77—Provisions as to the
Number of Personal
Representatives.
(1) Probate or administration
shall not be granted to more than
four persons in respect of the
same property, and administration
shall, if there is any beneficiary
who is an infant or if a life
interest arises under the will or
intestacy, be granted either to a
trust corporation, with or without
an individual, or to not less than
two individuals.
(2) The court in granting
administration may act on such
prima facie evidence, furnished by
the applicant or any other person,
as to whether or not there is a
minority or life interest, as the
court thinks sufficient.
(3) If there is only one personal
representative (not being a trust
corporation) then during the
minority of a beneficiary or the
subsistence of a life interest and
until the estate is fully
administered, the court may, on
the application of any person
interested or of the guardian,
committee or receiver of any such
person, appoint one or more
personal representatives in
addition to the original personal
representative.
(4) This section shall apply to
grants made after the commencement
of this Act, whether the testator
or intestate died before or after
such commencement.
Section 78—Power to Grant
Representation to a Trust
Corporation.
(1) The court may:—
(a) where a trust corporation is
named in a will as executor,
whether alone or jointly with
another person, grant probate to
the corporation, either solely or
jointly with another person, as
the case may require; and
(b) grant administration to a
trust corporation, either solely
or jointly with another person,
and the corporation may act
accordingly as executor or
administrator, as the case may be.
(2) Probate or administration
shall not be granted to a syndic
or nominee on behalf of a trust
corporation.
(3) Any officer authorised for the
purpose by a trust corporation or
the directors or governing body
thereof may, on behalf of the
corporation, swear affidavits,
give security and do any other act
or thing which the court may
require with a view to the grant
to the corporation of probate or
administration, and the acts of an
officer so authorised shall be
binding on the corporation.
(4) Where, at the commencement of
this Act, any interest in any
estate is vested in a syndic on
behalf of a trust corporation
acting as the personal
representatives of a deceased
person, the said interest shall,
by virtue of this Act, vest in the
corporation, and the syndic shall
be kept indemnified by the
corporation in respect of the said
interest.
This subsection shall not apply to
securities registered or inscribed
in the name of a syndic or to an
instrument affecting land
registered under any enactment in
the name of a syndic, but any such
securities, land or charge, shall
be transferred by the syndic to
the corporation or as the
corporation may direct.
(5) This section shall have effect
whether the testator or the
intestate died before or after the
commencement of this Act, and no
such vesting or transfer shall
operate as a breach of a covenant
or condition against alienation or
give rise to a forfeiture.
Section 79—Discretion of Court as
to Persons to whom Administration
is to be Granted.
(1) Subject to the provisions of
this section the selection of a
personal representative is within
the discretion of the court.
(2) In granting administration the
Court shall have regard to the
right of all persons interested in
the estate, and in particular,
administration with the will
annexed may be granted to a
devisee or legatee and the
administration may be limited in
any way the Court thinks fit. [As
Substituted by Administration of
Estates (Amendment) Law, 1985 (PNDCL
113) s. 5].
(3) The court may:—
(i)
where the deceased died wholly
intestate, grant administration to
some one or more persons
interested in the residuary estate
of the deceased, if they make an
application for the purpose;
(ii) if by reason of the
insolvency of the estate of the
deceased or of any other special
circumstances, it appears to the
court to be necessary or expedient
to appoint as administrator some
person other than the person who,
but for this provision, would by
law have been entitled to the
grant of administration,
notwithstanding anything in this
Act, appoint as administrator such
person as it thinks expedient, and
any administration granted under
this provision may be limited in
any way the court thinks fit.
(4) Where it appears to the court
that an estate vested in the
successor of the deceased under
customary law is being duly dealt
with, the court may refuse to
grant an application for
administration not made by or with
the concurrence of the successor.
Section 80—Administration Pendente
Lite.
(1) Where any legal proceedings
touching the validity of the will
of a deceased person, or for
obtaining, recalling or revoking
any grant, are pending, the court
may grant administration of the
estate of the deceased to an
administrator, who shall have all
the rights and powers of a general
administrator, other than the
right of distributing the residue
of the estate, and the
administrator shall be subject to
the immediate control of the court
and act under its direction.
(2) The court may, out of the
estate of the deceased, assign to
an administrator appointed under
this section such reasonable
remuneration as the court thinks
fit.
Section 81—Grant of Special
Administration Where Personal
Representative is Abroad.
(1) If at the expiration of twelve
months from the death of a person
any personal representative of the
deceased to whom a grant has been
made is residing out of the
jurisdiction of the court, the
court may, on the application of
any creditor or person interested
in the estate of the deceased,
grant to him special
administration of the estate of
the deceased.
(2) The court may, for the purpose
of any legal proceedings to which
the administrator under the
special administration is a party,
order the transfer into court of
any money or securities belonging
to the estate of the deceased
person, and all persons shall obey
the order.
(3) If the personal representative
capable of acting returns to and
resides within the jurisdiction of
the court while any legal
proceedings to which a special
administrator is a party are
pending, that personal
representative shall be made a
party to the legal proceedings,
and the costs of and incidental to
the special administration and the
legal proceedings shall be paid by
that person and out of such fund
as the court in which the
proceedings are pending may
direct.
Section 82—Administration During
Minority of Executor.
(1) Where an infant is sole
executor of a will,
administration with the will
annexed shall be granted to his
guardian, or to such other person
as the court thinks fit, until the
infant attains the age of
twenty-one years, and on his
attaining that age, and not
before, probate of the will may be
granted to him.
(2) Where a testator by his will
appoints an infant to be an
executor, the appointment shall
not operate to transfer any
interest in the property of the
deceased to the infant or to
constitute him a personal
representative for any purpose
unless and until probate is
granted to him under this section.
Section 83—Administration with
Will Annexed.
Administration with the will
annexed shall continue to be
granted in every case where a
grant was customary before the
commencement of this Act, and in
such case the will of the deceased
shall be performed and observed in
like manner as if probate thereof
had been granted.
Recognition of Probate and Letters
of Administration Granted in
Commonwealth and Other Countries
Section 84—Sealing of Probate and
Letters of Administration from
Other Countries.
(1) Where a Court of Probate in a
Commonwealth country or in any
country to which this section is
applied has granted probate or
letters of administration in
respect of the estate of a
deceased person, the probate or
letters so granted may, on being
produced to and a copy thereof
deposited with the court, be
sealed with the other seal of the
court, and thereupon shall be of
the like force and effect, and
have the same operation in Ghana
as if granted by the court.
(2) The court shall, before
sealing a probate or letters of
administration under this Part, be
satisfied:—
(a) that probate duty has been
paid in respect of so much, if
any, of the estate as is liable to
probate duty in Ghana; and
(b) in the case of letters of
administration, that security has
been given in a sum sufficient to
cover the property, if any, in
Ghana to which the letters of
administration relate.
(3) The court may also on the
application of any creditor
require before sealing that
adequate security be given for the
payment of debts due from the
estate to creditors residing in
Ghana.
(4) The President by legislative
instrument may apply this section
to a specified country on such
conditions, if any, as may be
prescribed in the order.
Section 85—Duplicate may be Sealed
in Lieu of Original.
For the purposes of section 84 of
this Act, a duplicate of any
probate or letters of
administration sealed with the
seal of a Court of Probate or a
copy thereof certified as correct
by or under the authority of the
court shall have the same effect
as the original.
Section 86—Rules.
Until provision is otherwise made
by rules of court, the fees and
probate duty prescribed in
relation to probate and
administration shall apply and be
payable as if the person who
applied for sealing under section
84 of this Act were a person
applying for probate or letters of
administration.
Section 87—Interpretation.
In sections 84 to 86:—
"Court of Probate" means any
court or authority, by whatever
name designated, having
jurisdiction in matters of
probate; “Probate duty” includes
any duty payable on the value of
the estate for which probate or
letters of administration is or
are granted.
Probate Exemption
Section 88—"Proper Officer" and
"Public Officer."
For the purposes of sections 89 to
91 of this Act :—
"the proper officer" means the
Administrator-General or his agent
or a public officer appointed by
the Minister to be the proper
officer in relation to a specified
category of persons;
"Public officer" includes a
pensioner.
Section 89—Distribution without
Probate of Sums not Exceeding
ŁG200.
(1) On the death of any public
officer to whom or to whose estate
any sum not exceeding two hundred
pounds is due or payable by the
Government in respect of any pay,
allowance, pension, or gratuity
(excluding a death gratuity),
then, if the proper officer in his
discretion so directs, but subject
always to the provisions of any
regulations made under section 91
and for the time being in force,
probate or other proof of the
title of the personal
representative of deceased public
officer may, any law, usage, or
custom to the contrary
notwithstanding, be dispensed
with; and the said sum may be paid
to or distributed among the person
or persons appearing to the proper
officer to be entitled to the
estate of the deceased public
officer or a distributive share
thereof, or may be paid to or
distributed among any one or more
of such persons, or, if he is
unable to discover any such
person, may be paid to or
distributed among such person or
persons as such proper officer
thinks fit, and in such
proportions as he thinks fit.
(2) Upon any such payment or
distribution being made, the
Government and the proper officer
shall thereupon be discharged from
all liability in respect of that
payment or distribution.
Section 90—Decision of Questions
Arising under Sections 88 to 91.
The decision of the Minister on
any question which arises as to
the application of sections 88 to
91 of this Act to any person, or
as to the amount of any pay,
allowance, pension, or gratuity,
or as to the reckoning of any
service for such pay, allowance,
pension, or gratuity, shall be
final and conclusive.
Section 91—Regulations.
The Minister by legislative
instrument may make regulations
for any of the purposes of
sections 89 and 90 of this Act.
PART V—ADMINISTRATION OF ASSETS
Section 92—Movable and Immovable
Property of Deceased are Assets
for Payment of Debts.
(1) The movable and immovable
property of a deceased person, to
the extent of his beneficial
interest therein, and the movable
or immovable property of which a
deceased person in pursuance of
any general power disposes by his
will, are assets for payment of
his debts (whether by specialty or
simple contract) and liabilities,
and any disposition by will
inconsistent with this enactment
is void as against the creditors,
and the court shall, if necessary,
administer the property for the
purpose of the payment of the
debts and liabilities.
This subsection takes effect
without prejudice to the rights of
incumbrancers.
(2) If any person to whom any
beneficial interest devolves or is
given, or in whom any interest
vests, disposes thereof in good
faith before an action is brought
against him, he shall be
personally liable for the value of
the interest so disposed of by
him, but that interest shall not
be liable to be taken in execution
in the action.
Section 93—Realisation of Assets.
(1) Subject to subsection (2) of
this section the personal
representative may, so far as
required for the purposes of
administration sell and convert
into money any movable and
immovable property of the deceased
other than those household
chattels and immovable property to
which sections 3 and 4 of the
Intestate Succession Law, 1985 (PNDCL
111) apply.
(2) Notwithstanding subsection (1)
of this section if the personal
representative is of the opinion
that the conversion into money of
those household chattels and the
immovable property referred to in
that subsection is necessary for
the purposes of administration he
shall apply to the Court for an
order to sell and convert into
money those household chattels
and immovable property.
(3) The Court shall, in making an
order under subsection (2) of this
section, consider all the
circumstances of the case,
including the wishes of those
beneficiaries entitled to the
household chattels and the
immovable property.
(4) Out of the money arising from
sale and conversion and any ready
money of the deceased, the
personal representative shall pay
all testamentary and
administration expenses, debts and
other liabilities properly payable
therefrom having regard to the
rules of administration contained
in this Part, and shall provide
for any pecuniary legacies
bequeathed by the will (if any) of
the deceased.
(5) Pending the distribution of
the whole or any part of the
estate of the deceased, the
personal representatives may
invest any money in their hands in
any investments for the time being
authorised by any enactment for
the investment of trust money,
with power, at the discretion of
the personal representatives, to
change the investments for others
of a like nature.
(6) The income (including net
rents and profits of immovable
property after payment of rates,
taxes, rents, costs of insurance,
repairs and other outgoing
properly attributable to income)
of so much of the deceased as may
not be disposed of by his will, if
any, or may not be required for
the administration purposes under
subsection (1) of this section,
may, however the estate is
invested, as from the death of the
deceased, be treated and applied
as income.
(7) Nothing in this section
affects the rights of any creditor
of the deceased.
(8) Where the deceased leaves a
will, this section shall have
effect subject to the provisions
contained in the will. [As
Substituted by Administration of
Estates (Amendment) Law, 1985 (PNDCL
113) s. 6].
Section 94—Administration of
Assets.
(1) Where the estate of a deceased
is solvent, his movable and
immovable property shall, subject
to the rules of Court and the
provisions of this Act relating to
charges on property of the
deceased, and to the provisions,
if any, contained in his will, be
applicable towards the discharge
of the testamentary and
administration expenses, debts and
liabilities payable therefrom in
the order specified in the Second
Schedule to this Act. [As
Substituted by Administration of
Estates (Amendment) Law, 1985 (PNDCL
113) s. 7].
(2) Where the estate of a deceased
person is insolvent, his estate
shall be administered as provided
by law.
(3) The right of retainer of a
personal representative and his
right to prefer creditors may be
exercised in respect of all assets
of the deceased, but the right of
retainer shall only apply to debts
owing to the personal
representative in his own right
whether solely or jointly with
another person. The right of
retainer shall not apply to the
Administrator-General.
Subject as aforesaid, nothing in
this Act affects the right of
retainer of a personal
representative, or his right to
prefer creditors.
(4) Where administration is
granted of an estate which was
previously being dealt with in
accordance with customary law the
grant shall not affect the
validity of any act duly done in
accordance with that law prior to
the grant.
Section 95—Charges on Property of
Deceased to be Paid Primarily Out
of the Property Charged.
(1) Where a person dies possessed
of, or entitled to, or, under a
general power of appointment by
his will disposes of, an interest
in property, which at the time of
his death is charged with the
payment of money, whether by way
of legal mortgage, equitable
charge or otherwise (including a
lien for unpaid purchase money),
and the deceased has not by will,
deed or other document signified a
contrary or other intention, the
interest so charged shall, as
between the different persons
claiming through the deceased, be
primarily liable for the payment
of the charge; and every part of
the said interest, according to
its value, shall bear a
proportionate part of the charge
on the whole thereof.
(2) Such contrary or other
intention shall not be deemed to
be signified:—
(a) by a general direction for the
payment of debts or of all the
debts of the testator out of his
movable property, or his residuary
movable and immovable property, or
his residuary immovable property;
or
(b) by a charge of debts upon any
such property;
unless such intention is further
signified by words expressly or by
necessary implication referring to
all or some part of the charge.
(3) Nothing in this section
affects the right of a person
entitled to the charge to obtain
payment or satisfaction thereof
either out of the other assets of
the deceased or otherwise.
Section 96—Effect of Assent or
Conveyance by Personal
Representative.
(1) A personal representative may
assent to the vesting, in the form
set out in the Third Schedule to
this Act, in any person who
(whether by devise, bequest,
devolution, appropriation or
otherwise) may be entitled
thereto, either beneficially or as
a trustee or personal
representative, of any estate or
interest in immovable property to
which the testator or intestate
was entitled or over which he
exercised a general power of
appointment by his will, and which
devolved upon the personal
representative.
(2) The assent shall operate to
vest in that person the estate or
interest to which the assent
relates, and, unless a contrary
intention appears, the assent
shall relate back to the death of
the deceased.
(3) The covenants implied by a
person being expressed to convey
as personal representative may be
implied in an assent in like
manner as in a conveyance by deed.
(4) Any person in whose favour an
assent or conveyance of the
property is made by a personal
representative may require that
notice of the assent or conveyance
be written or endorsed on or
permanently annexed to the probate
or letters of administration, at
the cost of the estate of the
deceased, and that the probate or
letters of administration be
produced, at the like cost, to
prove that the notice has been
placed thereon and annexed
thereto.
(5) A statement in writing by a
personal representative that he
has not given or made an assent or
conveyance in respect of an
immovable property, shall, in
favour of a purchaser, but without
prejudice to any previous
disposition made in favour of
another purchaser deriving title
immediately or immediately under
the personal representative, be
sufficient evidence that an assent
or conveyance has not been given
or made in respect of the property
to which the statement relates,
unless notice of a conveyance
affecting that property has been
placed on or annexed to the
probate or administration.
A
conveyance by a personal
representative to a purchaser
accepted on the faith of such a
statement shall (without prejudice
as aforesaid and unless notice of
a previous assent or conveyance
affecting the property has been
placed on or annexed to the
probate or administration) operate
to transfer or create the property
expressed to be conveyed in like
manner as if no previous assent or
conveyance had been made by the
personal representative.
A
personal representative making a
false statement, in regard to any
such matter, shall be liable in
like manner as if the statement
had been contained in a statutory
declaration.
(6) An assent or conveyance by a
personal representative shall, in
favour of a purchaser, unless
notice of a previous assent or
conveyance affecting the property
has been placed on or annexed to
the probate or administration, be
taken as sufficient evidence that
the person in whose favour the
assent or conveyance is given or
made is the person entitled to
have the property conveyed to him,
and upon the proper trusts, if
any, but shall not otherwise
prejudicially affect the claim of
any person rightfully entitled to
the estate vested or conveyed or
any charge thereon.
(7) A conveyance by a personal
representative to a purchaser
shall not be invalidated by reason
only that the purchaser may have
notice that all the debts,
liabilities and testamentary or
administration expenses, duties
and legacies of the deceased have
been discharged or provided for.
[As Substituted by Administration
of Estates (Amendment) Law, 1985 (PNDCL
113) s. 8].
(8) An assent or conveyance given
or made by a personal
representative shall not, except
in favour of a purchaser,
prejudice the right of the
personal representative or any
other person to recover the estate
or interest to which the assent or
conveyance relates, or to be
indemnified out of that estate or
interest against any debt or
liability to which that estate or
interest would have been subject
if there had not been any assent
or conveyance.
(9) A personal representative may,
as a condition of giving an assent
or making a conveyance, require
security for the discharge of any
debt or liability, but shall not
be entitled to postpone the giving
of an assent merely by reason of
the subsistence of debt or
liability if reasonable
arrangements have been made for
discharging it; and an assent may
be given subject to any charge by
way of mortgage.
(10) This section shall not
operate to impose any stamp duty
in respect of an assent, and in
this section “purchaser” means a
purchaser for money or money's
worth.
(11) This section applies to
assents and conveyances made after
the commencement of this Act,
whether the testator or intestate
died before or after such
commencement.
Section 97—Validity of Conveyance
not Affected by Revocation of
Representation.
(1) All conveyances of any
interest in movable or immovable
property made to a purchaser
either before or after the
commencement of this Act by a
person to whom probate or letters
of administration have been
granted are valid, notwithstanding
any subsequent revocation or
variation, either before or after
the commencement of this Act, of
the probate or administration.
(2) This section takes effect
without prejudice to any order of
the court made before the
commencement of this Act, and
applies whether the testator or
intestate died before or after
such commencement.
Section 98—Right to Follow
Property and Powers of the Court
in Relation Thereto.
(1) An assent or conveyance by a
personal representative to a
person other than a purchaser does
not prejudice the rights of any
person to follow the property to
which the assent or conveyance
relates, or any property
representing it, to the hands of
the person in whom it is vested by
the assent or conveyance, or of
any other person (not being a
purchaser) who may have received
it or in whom it may be vested.
(2) Notwithstanding any such
assent or conveyance the court
may, on the application of any
creditor or other person
interested:—
(a) order a sale, exchange,
mortgage, charge, lease, payment,
transfer or other transaction to
be carried out which the court
considers requisite for the
purpose of giving effect to the
rights of the persons interested;
(b) declare that the person, not
being a purchaser, in whom the
property is vested is a trustee
for those purposes;
(c) give directions respecting the
preparation and execution of any
conveyance or other instrument or
as to any other matter required
for giving effect to the order;
(d) make any vesting order, or
appoint a person to convey the
property.
(3) This section does not
prejudice the rights of a
purchaser or a person deriving
title under him, but applies
whether the testator or intestate
died before or after the
commencement of this Act.
Section 99—Powers of Management.
(1) In dealing with the movable
and immovable property of the
deceased his personal
representatives shall, for
purposes of administration, or
during a minority of any
beneficiary or the subsistence of
any life interest, or until the
period of distribution arrives,
have:—
(a) the same powers and
discretions, including power to
raise money by mortgage or charge
(whether or not by deposit of
documents), as a personal
representative had before the
commencement of this Act, with
respect to any property vested in
him, and the power of raising
money by mortgage may in the case
of land be exercised by way of
legal mortgage; and
(b) all the powers, discretions
and duties conferred or imposed by
law on trustees holding land upon
an effectual trust for sale
(including power to overreach
equitable interests and powers as
if the same affected the proceeds
of sale); and
(c) all the powers conferred by
law on trustees for sale, and so
that every contract entered into
by a personal representative shall
be binding on and be enforceable
against and by the personal
representative for the time being
of the deceased, and may be
carried into effect, or be varied
or rescinded by him, and, in the
case of a contract entered into by
a predecessor, as if it had been
entered into by himself.
(2) Nothing in this section shall
affect the right of any person to
require an assent or conveyance to
be made.
(3) This section applies whether
the testator or intestate died
before or after the commencement
of this Act.
Section 100—Powers of Personal
Representative for Raising Money,
Etc.
(1) For giving effect to
beneficial interests the personal
representative may limit or demise
land for a term of years absolute,
to trustees on usual trusts for
raising or securing any principal
sum and the interests thereon for
which the land, or any part
thereof, is liable, and may limit
or grant a rent charge for giving
effect to any annual or periodical
sum for which the land or the
income thereof or any part thereof
is liable.
(2) This section applies whether
the testator or intestate died
before or after the commencement
of this Act.
Section 101—Powers of Personal
Representative as to
Appropriation.
(1) The personal representative
may appropriate any part of the
movable or immovable property,
including things in action, of the
deceased in the actual condition
or state of investment thereof at
the time of appropriation in or
towards satisfaction of any legacy
bequeathed by the deceased, or of
any other interest or share in his
property, as to the personal
representative may seem just and
reasonable, according to the
respective rights of the persons
interested in the property of the
deceased.
(2) An appropriation shall not be
made under this section so as to
affect prejudicially any specific
devise or bequest.
(3) An appropriation of property,
whether or not being an investment
authorised by law or by the will,
if any, of the deceased for the
investment of money subject to the
trust, shall not (save as
hereinafter mentioned) be made
under this section except with the
following consents:—
(a) when made for the benefit of a
person absolutely and beneficially
entitled in possession, the
consent of that person;
(b) when made in respect of any
settled legacy, share or interest,
the consent of either the trustee
thereof, if any (not being also
the personal representative), or
the person who may for the time
being be entitled to the income.
If the person whose consent is so
required as aforesaid is an infant
or a lunatic or defective the
consent shall be given on his
behalf by his parents or parent,
testamentary or other guardian,
committee or receiver, or if, in
the case of an infant, there is no
such parent or guardian, by the
court on the application of his
next friend.
(4) No consent (save of such
trustee as aforesaid) shall be
required on behalf of a person who
may come into existence after the
time of appropriation, or who
cannot be found or ascertained at
that time.
(5) If no committee or receiver of
a lunatic or defective has been
appointed, then, if the
appropriation is of an investment
authorised by law or by the will,
if any, of the deceased for the
investment of money subject to the
trust, no consent shall be
required on behalf of the lunatic
or defective.
(6) If, independently of the
personal representative, there is
no trustee of a settled legacy,
share or interest, and no person
of full age and capacity entitled
to the income thereof, no consent
shall be required to an
appropriation in respect of the
legacy, share or interest,
provided that the appropriation is
an authorised investment.
(7) Any property duly appropriated
under the powers conferred by this
section shall thereafter be
treated as an authorised
investment, and may be retained or
dealt with accordingly.
(8) For the purposes of the
appropriation, the personal
representative may ascertain and
fix the value of the respective
parts of the movable and immovable
property and the liabilities of
the deceased as he thinks fit, and
may make any conveyance (including
an assent) which may be requisite
for giving effect to the
appropriation.
(9) An appropriation made pursuant
to this section shall bind all
persons interested in the property
of the deceased whose consent is
not hereby made requisite.
(10) The personal representative
shall, in making the
appropriation, have regard to the
rights of any person who may
thereafter come into existence, or
who cannot be found or ascertained
at the time of appropriation, and
of any other person whose consent
is not required by this section.
(11) This section does not
prejudice any other power of
appropriation conferred by law or
by the will (if any) of the
deceased, and takes effect with
any extended powers conferred by
the will (if any) of the deceased,
and where an appropriation is made
under this section, in respect of
a settled legacy, share or
interest, the property
appropriated shall remain subject
to all trusts for sale and powers
of leasing, disposition, and
management or varying investments
which would have been applicable
thereto or to the legacy, share or
interest in respect of which the
appropriation is made, if no such
appropriation had been made.
(12) If after any immovable
property has been appropriated in
purported exercise of the powers
conferred by this section, the
person to whom it was conveyed
disposes of it or any interest
therein, then, in favour of a
purchaser the appropriation shall
be deemed to have been made in
accordance with the requirements
of this section and after all
requisite consents, if any, had
been given.
(13) In this section, a settled
legacy, share or interest includes
any legacy, share or interest to
which a person is not absolutely
entitled in possession at the date
of the appropriation, and an
annuity, and “purchaser” means a
purchaser for money or money's
worth.
(14) This section applies whether
the deceased died intestate or
not, and whether before or after
the commencement of this Act, and
extends to property over which a
testator exercises a general power
of appointment, and authorises the
setting apart of a fund to answer
an annuity by means of the income
of that fund or otherwise.
Section 102—Power to Appoint
Trustees of Infants' Property.
(1) Where an infant is absolutely
entitled under the will or on the
intestacy of a person dying before
or after the commencement of this
Act (in this subsection called "
the deceased ") to a devise or
legacy, or to the residue of the
estate of the deceased, or any
share therein, and such devise,
legacy, residue or share is not
under the will, if any, of the
deceased, devised or bequeathed to
trustees for the infant, the
personal representatives of the
deceased may appoint the Public
Trustee or a trust corporation or
two or more individuals not
exceeding four (whether or not
including the personal
representatives or one or more of
the personal representatives), to
be the trustee or trustees of the
devise, legacy, residue or share
for the infant, and may execute or
do any assurance or thing
requisite for vesting the devise,
legacy, residue or share in the
trustee or trustees so appointed.
On the appointment the personal
representatives, as such, shall be
discharged from all further
liability in respect of the
devise, legacy, residue, or share,
and the same may be retained in
its existing condition or state of
investment, or may be converted
into money, and the money may be
invested in any authorised
investment.
(2) Where a personal
representative has before the
commencement of this Act retained
or sold any such devise, legacy,
residue or share, and invested it
or the proceeds thereof in any
investments in which he was
authorised to invest money subject
to the trust, then, subject to any
order of the court made before
such commencement, he shall not be
deemed to have incurred any
liability on that account, or by
reason of not having paid or
transferred the money or property
into court.
(3) Nothing in this section shall
prejudice any right of the Public
Trustee under the provisions of
the Public Trustee Ordinance,
1952 (No. 24).
Section 103—Obligations of
Personal Representative as to
giving Possession of Land and
Powers of the Court.
(1) A personal representative,
before giving an assent or making
a conveyance of immovable
property, may permit that person
to take possession of the
property, and that possession
shall not prejudicially affect the
right of the personal
representative to take or resume
possession nor his power to convey
the property as if he were in
possession thereof, but subject to
the interest of any lessee, tenant
or occupier in possession or in
actual occupation.
(2) Any person who as against the
personal representative claims
possession of immovable property,
or the appointment of a receiver
thereof, or a conveyance thereof,
or an assent to the vesting
thereof, may apply to the court
for directions with reference
thereto, and the court may make
such vesting or other order as may
be deemed proper.
(3) This section applies whether
the testator or intestate died
before or after the commencement
of this Act.
Section 104—Estate to be
Distributed within Specified
Period.
Subject to the provisions of this
Act or any other enactment a
personal representative shall
distribute the estate of a
deceased person within one year
after he has been granted probate
or letters of administration. [As
Substituted by Administration of
Estates (Amendment) Law, 1985 (PNDCL
113) s. 9].
PART VI—MISCELLANEOUS
Section 105—Distribution for
Residuary Estate.
(1) The residuary estate shall be
disposed of by the personal
representative in accordance with
the will of the deceased or, in
the case of intestacy, in
accordance with the provisions of
the Intestate Succession Law, 1985
(PNDCL 111). [As Substituted by
Administration of Estates
(Amendment) Law, 1985 (PNDCL 113)
s. 10].
(2) Where the common law applies,
the rules relating to the
distribution of movable property
shall apply likewise to immovable
property.
Section 106—Savings.
(1) Where, before the commencement
of this Act, the administration of
any estate has been commenced
under the provisions of any other
enactment the estate shall,
notwithstanding the provisions of
this Act, be carried out in
accordance with the provisions of
the other enactment.
(2) This Act shall not affect the
estate of a seaman to whom the
Merchant Shipping (Transitory
Provisions) Act, 1957 (No. 23)
applies.
Section 107—Application of Act.
Save as otherwise expressly
provided, this Act does not apply
in any case where the death
occurred before the commencement
of this Act.
Section 108—Interpretation.
(1) In this Act, unless the
context otherwise requires—
"Administrator-General" includes
an Assistant
Administrator-General;
"administration" means, with
reference to the movable and
immovable property of a deceased
person, letters of administration,
whether general or limited, or
with the will annexed or
otherwise;
"administrator" means a person to
whom administration is granted;
"agent" means an agent of the
Administrator-General duly
appointed as provided in section
56 of this Act;
"assets" means all property,
movable and immovable, of a
deceased person which is
chargeable with and applicable to
the payment of his debts and
legacies or available for
distribution amongst those
entitled to share;
"conveyance" includes a mortgage,
charge by way of legal mortgage,
lease, assent, vesting,
declaration, vesting instrument,
disclaimer, release and every
other assurance of property or of
an interest therein by any
instrument, except a will;
"court" means the High Court;
"disposition" includes a
conveyance and also a devise,
bequest and an appointment of
property contained in a will;
"estate" means all property,
movable and immovable;
"income" includes rents and
profits;
"intestate" includes a person who
leaves a will but dies intestate
as to some beneficial interest in
his movable or immovable property;
"lunatic" includes every person so
found under any enactment and
every person with regard to whom
it is proved to the satisfaction
of the court that such person is
through mental infirmity arising
from disease or age incapable of
managing his affairs;
"the Minister" means the Minister
to whom functions under this Act
are for the time being assigned by
the President;
"minority" means, according to the
context, the state of being an
infant or the interest of an
infant beneficiary under a will or
intestacy;
"pecuniary legacy" includes an
annuity, a general legacy, a
demonstrative legacy so far as it
is not discharged out of the
designated property, and any other
general direction by a testator
for the payment of money;
"personal representative" means
the executor, original or by
representation, or administrator
for the time being of a deceased
person;
"possession" includes the receipt
of rents and profits or the right
to receive them, if any;
"prescribed" means prescribed by
rules of court or rules made by
the Minister pursuant to this Act;
"probate" means the probate of a
will;
"probate rules" mean rules and
orders made for regulating the
procedure and practice of the
court in regard to non-contentious
or common-form probate business;
"property" includes a thing in
action;
"purchaser" means a lessee,
mortgagee or other person who in
good faith acquires an interest in
property for valuable
consideration, and an intending
purchaser;
"rent" includes any annual or
periodical payment in money or
money's worth, issuing out of or
charged upon land, but does not
include mortgage interest;
"representation" means the probate
of a will and administration, and
"taking out representation" refers
to the obtaining of the probate of
a will or of the grant of
administration;
"residuary estate" means residue
as defined in section 18 of the
Intestate Succession Law, 1985 (PNDCL
111) [As Substituted by
Administration of Estates
(Amendment) Law, 1985 (PNDCL 113)
s. 11].
"rules of court" include, in
relation to non-contentious or
common-form probate business,
probate rules;
"securities" include stocks,
funds, or shares;
"syndic" means a person deputed to
represent, and transact the
affairs of, a corporation;
"taxing officer" means any
Registrar of the court or any
officer duly appointed to act for
such officer;
"trust corporation" means the
Public Trustee or a corporation
appointed by the court in any
particular case to be a trustee;
"unrepresented estate" means:—
(a) the estate of every person who
dies intestate and whose next of
kin (or where such next of kin is
an infant, his guardian) is
unknown or is absent from Ghana
without having an attorney therein
or, if in Ghana and known, has
refused or neglected for a period
of one month after the death of
the deceased to apply to the court
for letters of administration;
(b) the estate of every person who
has died having made a will, when
owing to any cause it is necessary
to appoint an administrator cum
testamento annexo or de bonis non
of such estate and the person
entitled to such letters of
administration is unknown or has,
if in Ghana and known, refused or
neglected for one month after the
death of the testator to apply to
the court for such letters of
administration or is absent from
Ghana without having any attorney
therein;
(c) every estate whereof the
executors or administrator are
absent from Ghana without having
an attorney therein;
(d) every estate where the
deceased has named the
Administrator-General as the sole
executor of his will;
"valuable consideration" includes
marriage, but does not include a
nominal consideration in money;
"will" includes codicil.
(2) References to a child or issue
living at the death of any person
include a child or issue en ventre
sa mere at the death.
(3) References to the property of
a deceased person include property
over which the deceased exercises
a general power of appointment by
his will.
Section 109—Statutes Ceasing to
Apply.
Each statute, or provision of a
statute, indicated in the Fourth
Schedule to this Act shall,
insofar as it ever applied in
Ghana, cease to apply.
Section 110—Repeals.
(1) Each enactment indicated in
the Fifth Schedule to this Act is
repealed.
(2) An instrument made under any
repealed enactment and in force
immediately before the
commencement of this Act shall
continue in force as if made under
the corresponding provision of
this Act.
Section 111—Commencement.
This Act shall come into operation
on such day as the President by
legislative instrument may
appoint.
FIRST SCHEDULE
FORM OF PETITION FOR A GRANT OF
LETTERS OF ADMINISTRATION
To: THE CHIEF JUSTICE OF GHANA:
The petition of the
Administrator-General humbly
showeth:—
That your petitioner has been
informed and believes that A.B.,
late of, day of ,
(state why the property of the
deceased is "unrepresented
estate").
And the said A.B. died possessed
of property in Ghana.
Your petitioner therefore prays
the High Court will be pleased to
order that a Grant of Probate be
made or Letters of Administration
do issue (as the case may be) to
him to administer the estate of
the said A.B. deceased.
Dated
this...........................................................................................day
of ,19
................................................
Administrator-General.
SECOND SCHEDULE
Section 94
ORDER OF APPLICATION OF ASSETS
WHERE THE ESTATE IS SOLVENT
1. The general or residuary
movable property, not exonerated
or exempted.
2. Immovable property specifically
appropriated to or devised in
trust for payment of debts.
3. Immovable property devised,
charged with payment of debts.
4. General pecuniary legacies,
rateably.
5. Movable property specifically
bequeathed, rateably.
6. Other immovable property of the
deceased, whether devised or not.
7. Property expressly appointed by
will in exercise of a general
power of appointment.
THIRD SCHEDULE
Section 96
FORM OF A VESTING ASSENT
I
.............................................................................................
of
...............................................................................
[Name]
etc.
as the personal representative of
..................................................................................................................................
[Testator or intestate]
late of
..............................................................................................
deceased do this
........................................
day of
.....................................................................................................................................
hereby assent to the vesting in
.......................................................................................
of
....................................................
of All
[Beneficiary]
etc.
etc. [Parcels]
for all the interest of the said
.....................................................................................................................................
[Testator or intestate]
at the time of his death and I
hereby acknowledge the right of
the said
..........................................................................
to production of the
probate
[Beneficiary]
of the will of the said
................................................................................................................................................
[Testator]
[letters of administration of the
said
.........................................................................................
deceased]
[Intestate]
and to delivery of copies thereof.
As Witness
...............................................................................................................................................................
etc.
...................................................................
[Signature of personal
Representative]
FOURTH SCHEDULE
Section 109
STATUTES CEASING TO APPLY
Session and
Chapter
Subject-Matter
13 Edw. 1 (Stat. Westm. sec.) c.19
(1285) .. ..
.. Payment of debts of
intestate
13 Edw. 1. (Stat. Westm. sec.)
c.23 (1285) .. ..
.. Writ of account for
executors.
13 Edw. 1 (Stat. Westm. sec.)
c.34 (1285) .. ..
.. Dower.
25 Edw. 1. c.7 (1297)
.. .. ..
.. .. .. Widow;
her marriage estate re-marriage.
25 Edw. 1. c. 1 8. (1297) ..
.. .. ..
.. .. The King's tenant,
his debtor.
4
Edw. 3 c.7 (1330) ..
.. .. ..
.. .. Executor's action
of trespass.
25 Edw. 3 st.5 c.5. (1350)
.. .. ..
.. .. Executors of
executors.
31 Edw. 3. st. 1. c. 11. (1357)
.. .. ..
.. .. Administration on
intestacy.
21 Hen. 8. c.4 (1529)
.. .. ..
.. .. ..
Executors.
2
Hen. 8. c.37 (1540), sections by
1, 2 and 3 .. ..
.. Recovery of arrears by
Executors and
Administrators.
1
Edw. 6. c. 12 (1547) ..
.. .. ..
.. .. Treason, etc.
5
and 6 Edw. 6. c.11 (1551)
.. .. ..
.. .. Treason, etc.
43 Eliz. c.8 (1601)
.. .. ..
.. .. ..
Fraudulent administration.
12 Chas. 2. c.24 (1660) ..
.. .. ..
.. .. Abolition of old
tenures.
29 Chas. 2 c.3 (1677), sections
10, 11, 23 and 24 ..
.. The Statute of
Frauds.
30 Chas. 2. C.7 (1678) ..
.. .. ..
.. .. Executors in their
own wrong
1. Jas. 2. c.17. (1685)
.. .. ..
.. .. ..
Administration of intestates'
estates.
4 Will and Mar. c.24 (1692).
section 12 ..
.. .. Personal
representatives.
38 Geo. 3. c.87. (1798)
.. .. ..
.. .. Administration of
Estates.
11 Geo. 4 and 1 Will. 4. c.40
(1830) .. ..
.. ..
Executors.
11 Geo. 4 and 1 Will. 4.
c.47.(1830) .. ..
.. .. Debts
Recovery.
3
and 4 Will. 4. c.42. (1833),
sections 2, 37 and 38 ..
.. Civil Procedure.
3
and 4 Will. 4. c.104 (1833)
.. .. ..
.. .. Administration of
Estates.
2
and 3 Vict. c.60. (1839)
.. .. ..
.. .. Debts
Recovery.
11 and 12 Vict. c.87. (1848)
.. .. ..
.. .. Debts
Recovery.
17 and 18 Vict. c. 113. (1854)
.. .. ..
.. .. Real Estate
Charges.
20 and 21 Vict. c.77. (1857),
sections 70 to 80 ..
.. Court of Probate.
21 and 22 Vict. c.95. (1858),
sections 16, 18, 19, 21 and 22
Court of Probate.
22 and 23 Vict. c.35. (1859),
sections 14 to 18 ..
.. Law of Property
Amendment
30 and 31 Vict. c.69. (1867)
.. .. ..
.. .. Real Estate
Charges.
32 and 33 Vict. c.46. (1869)
.. .. ..
.. .. Administration of
Estates.
Section 110
Repeals.
Probates (British and Colonial)
Ordinance (Cap. 21).
Administration of Estates by
Consular Officers Ordinance (Cap.
22).
Administration (Foreign
Employment) Ordinance (Cap. 23).
Probate Exemption Ordinance (Cap.
25).
Administrator-General Ordinance,
1952 (No.37).
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