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of Law 111 addresses what customary law should apply to the portion of the estate that devolves under customary law. [FN169]. The Children's Act, Act 560 (1998), § 125 (amending § 5 of Law 111). [FN170]. Intestate Succession Law, P.N.D.C. L. 111 (1985) (Ghana), § 6. If there is no surviving parent, one-half devolved pursuant to customary law. See id. [FN171]. Id. § 7. If there is no surviving parent, the remaining one-fourth shall devolve pursuant to customary law. See id. [FN172]. Id. § 8. [FN173]. Id. § 11. Where there is no customary law applicable to the estate under these circumstances, the estate shall devolve to the Republic of Ghana. Id. [FN174]. Memorandum, Intestate Succession Law, P.N.D.C. L. 111 (1985) (Ghana), at iii. [FN175]. Intestate Succession Law, P.N.D.C. L. 111 (1985) (Ghana), § 12. The amount originally specified was 50,000 cedis but was amended to 10,000,000 cedis by the Children's Act, Act 560 (1998) § 125. [FN176]. Section 16A provides in full: (1) No person shall before the distribution of the estate of a deceased person whether testate or intestate eject a surviving spouse or child from the matrimonial home: (a) where the matrimonial home is self-acquired property of the deceased; (b) where the matrimonial home is rented property, unless the ejection is pursuant to a court order, (c) where the matrimonial home is the family house of the deceased, unless a period of six months has expired from the date of the deceased; or (d) where the matrimonial home is public property, unless a period of three months has expired from the date of the death of the deceased. (2) For the purposes of this section matrimonial house means: (a) the house or premises occupied by the deceased and the surviving spouse, or the deceased and a surviving child or all as the case may be, at the time of the death of the deceased; or (b) any other self-acquired house of the deceased occupied by the surviving spouse or child or both at the time of the death of the deceased. Intestate Succession (Amendment) Law, P.N.D.C. L. 264 (1991), § 1. [FN177]. Section 17 provides that: Any person who before the distribution of the estate of a deceased person whether testate or intestate -- (a) unlawfully ejects a surviving spouse or child from the matrimonial home contrary to section 16A of this Law; (b) unlawfully deprives the entitled person of the use of -- (c) (i) any part of the property of the entitled person;
(ii) any property shared by the entitled person with the deceased to which the provisions of this Law apply; or (iii) removes, destroys or otherwise unlawfully interferes with the property of the deceased person, commits an offence and is liable on summary conviction to a minimum fine of 50,000.00 [cedis] and not exceeding 500,000.00 [cedis] or to a term of imprisonment not exceeding one year and the court or tribunal shall make such other orders as it considers necessary for the reinstatement of or reimbursement to the person thus ejected or deprived. Intestate Succession (Amendment) Law, P.N.D.C. L. 264 (1991), § 2. [FN178]. See Dowuona-Hammond, supra note 35, at 153. [FN179]. See id. [FN180]. Customary Marriage and Divorce (Registration) Law, P.N.D.C. L. 112 (1985), § 2(3), First Schedule. [FN181]. Id. § 3. [FN182]. Id. §§ 3-5. [FN183]. See id. §§ 2(2), 7(1), 15; Dankwa, supra note 35, at 21 (noting that registration of marriages under Law 112 was a condition precedent to the application of Law 111). [FN184]. Dowuona-Hammond, supra note 35, at 153. [FN185]. See id. at 158. [FN186]. Customary Marriage and Divorce (Registration) Law, P.N.D.C. L. 112 (1985) as amended by Customary Marriage and Divorce (Registration) (Amendment) Law, P.N.D.C. L. 263 (1991), § 2(a) (emphasis added). [FN187]. Id. § 2(b). [FN188]. Customary Marriage and Divorce (Registration) (Amendment) Law, P.N.D.C. L. 263 (1991), § 5. [FN189]. Kom, supra note 105, at 15; Interview with Justice Asare Korang, High Court, Ho (June 6, 2001) (stating that to get around the fractions in Law 111 people can draft a will). [FN190]. Interview with Justice Asare Korang, High Court, Ho (June 6, 2001). [FN191]. Interview with Professor L.K. Agbosu, Ghana Law School, Accra (June 13, 2001); Interview with Dr. K.O. Adinkrah, Ghana Law School, Accra (Feb. 12, 2001); Interview with Mrs. Patience Diaba and Mrs. Yaa Boadi, Legal Officers, WiLDAF Legal Awareness Programme (LAP), Takoradi (Feb. 14, 2001); Attorney General Department Presentation at Carribean Association Meeting, “Intestate Succession in Ghana,” at 2 (July 1, 2000) (presented
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FOR EDUCATIONAL USE ONLY 25 Fordham
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Gloria Ofori-Boadu, Executive Direc
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largely excluded spouses. [FN35] Th
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Nevertheless, despite this relation
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the estate assumed by the customary
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B. Constitutional and Statutory Law
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children; [FN166] (c) one-eighth to
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* * * * * The changes the Intestate
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elations that often exist among wid
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Where the intestate is survived eit
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collect and, because he has no chil
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husband's family denies her status.
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assistance was only minimal, the pr
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Ms. Mercy Dixon, who we met in Kpan
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Page 75 and 76: [FN106]. Svanikier, supra note 5, a
Page 77 and 78: marriage). [FN128]. According to Pr
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