Law, Culture and Women's Inheritance Rights in ... - Leitner Center

y Mrs. Estelle Appiah, Principal State Attorney) [hereinafter AG Dep't Presentation].
[FN192]. AG Dep't Presentation, supra note 191, at 6; Interview with Vinolia Mantey, National
Council on Women and Development, Ho (June 5, 2001); Interview with Rejoice Kasu,
Epiphania Akoto-Ampow, and Eunice Dikro of December 31st Women's Movement, Ho (June 5,
2001).
[FN193]. Kludze, supra note 41, at 2. In some areas in Ghana, there is also a customary law will,
samansiw, which may be executed orally. The essential requirements include: (1) death bed
declaration, (2) only self-acquired property may be granted under samansiw, and (3) one credible
witness. Other requirements have been asserted in the past such as the need for the family's
consent, the requirement of thanks offering to the testator or his family, and the limitation that
one may not divest himself of more than half his self-acquired property to anyone other than his
lineage. Id. at 158-60; see also Dankwa, supra note 41, at 2 (recognizing customary law tradition
that husband could not give more than half of self-acquired property to non-family members).
[FN194]. Wills Act, Act 360 (1971), § 13(1); Dankwa, supra note 41, at 5 (discussing this
provision).
[FN195]. Gordon R. Woodman, Ghana Reforms the Law of Intestate Succession, 29 J. African
L. 118, 118 (1985).
[FN196]. We have formulated many of the recommendations in concrete and specific terms with
the hope that they might prove useful to those in Ghana working on these issues. We do not
mean to suggest, however, that these recommendations represent the only route to compliance
with international law.
[FN197]. A number of articles written about Law 111 have discussed this problem with the
statute. See generally Dowuona-Hammond, supra note 35; Mensa-Bonsu, supra note 164; E.V.O.
Dankwa, The Application of Ghana's Intestate Succession Law, 1985 (P.N.D.C.L. 111) and Its
Social and Economic Impact, in Recht in Afrika 235 (1998).
[FN198]. Intestate Succession Law, P.N.D.C. L. 111 (1985) (Ghana), § 3.
[FN199]. Id. §§ 3-4.
[FN200]. Id.
[FN201]. See Memorandum, Intestate Succession Law, P.N.D.C. L. 111 (1985) (Ghana); see
also supra notes 147-49 and accompanying text (discussing purposes of the law).
[FN202]. See supra note 161 and accompanying text.
[FN203]. Interview with Mrs. Ellen A. Sweetie Asiedu Akrofi Sowa, Regional Director, Legal
Aid Board, Western Region, Takoradi (June 8, 2001).