ADMINISTRATION OF ESTATES ACT 1961 (ACT 63)

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.

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.

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-Effects 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

(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.

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.

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.

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 receieved for 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

Repealed

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-Inspection of accounts

A creditor or beneficiary of an estate which is in the charge of the

Administrator-General is entitled

(a) on payment of the prescribed fee and subject to the prescribed

conditions and restrictions, to inspect, at a reasonable time, the accounts
relating to the estate and the reports and certificates of the auditor, and

(b) on payment of the prescribed fee, to make copies of, and extracts from
the accounts and the reports.

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 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.

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 interstate 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-Orders on petition

(1) Where a petitioner verifies a claim by evidence to the satisfaction of the

Court, the Court shall make an appropriate order in the matter, including
the awarding of costs.

(2) The order may contain a direction to the Accountant-General to pay

from the sum standing to the credit of the estate

(a) the sum of money awarded to the claimant or petitioner by the order, or

(b) a 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.

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.

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 G 100

(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.

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 Adminstrator-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 Adminstrator-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.

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.

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.

Section 75-Power to grant representation of movable and immovable

property separattely 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 courts as to persons to whom administrationis 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.

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

n 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.

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 £G200

(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.

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-Appropriation by personal representatives

(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 Representive as to giving Posseeion 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].

Section 105-Distribution for Residual 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

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.