How to Make a Valid Will in Ghana: A Complete Guide to the Wills Act

Introduction: A Will is one of the most important documents you can ever create. It’s your voice after you’re gone, ensuring your property is distributed according to your wishes and providing clarity and peace of mind for your loved ones. But for a Will to be legally binding in Ghana, it must meet specific requirements set out in the Wills Act, 1971 (Act 360).

This guide breaks down everything you need to know about creating a valid Will in Ghana, from the essential legal requirements to the practical steps you should take afterward.

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Do I Need a Lawyer to Make a Will?

The short answer is no, but it is highly advisable.

You can make your own Will if you possess the legal knowledge and experience.
However, it is a criminal offence for someone who is not a licensed lawyer to prepare a Will for another person.
Given the legal complexities and the high stakes involved, engaging a lawyer is the best way to ensure your Will is ironclad and cannot be easily challenged.

What Does It Cost to Make a Will in Ghana?

The cost involves two main parts:

Legal Fee: The Ghana Bar Association's 2022 Scale of Fees provides a guide:
- Simple Will: Maximum fee of GH¢6,000.00
- Complex Will: Maximum fee of GH¢18,000.00
- Note: Lawyers may also charge hourly rates for consultations.
Registration Fee: A small fee of GH¢50.00 is paid to the High Court for the safe storage and registration of your Will.

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The Essential Requirements of a Valid Will in Ghana

For a Will to be recognized under Ghanaian law, it must fulfill the following conditions:

1. Testamentary Capacity

The person making the Will (the Testator) must be legally capable.

Age: Must be 18 years or older.
Sound Mind: Must be of "sound and sober mind"—meaning not intoxicated, delusional, or mentally incapacitated at the time of signing.

2. In Writing and Signed

The Will must be written down.
It must be signed by the Testator using their official signature.
Special Case: For those unable to read, write, or speak English, a professional can write the Will. The Testator must then thumbprint it, and the professional must swear a Jurat (a sworn statement) next to the thumbprint.

3. Properly Witnessed

Two (2) witnesses must attest and sign the Will in the presence of the Testator.
Their role is not to read the contents but to confirm that the Testator is the one signing willingly and with capacity.

4. Appointment of an Executor (Optional but Recommended)

The Testator can appoint an Executor—a person responsible for administering the Will and distributing the estate.
The Executor must be at least 21 years of age.

What to Do After You've Made Your Will

Creating the document is just the first step. Proper execution and storage are crucial.

Attachments: You can attach other documents (like site plans or deeds) if they are properly named and identified in the Will.
Alterations: Never make changes by simply crossing out text or writing over it. These alterations will be void. To make a change, you must either:
- Create a new Will (which revokes the old one), or
- Make a separate, supplementary document called a Codicil, which must be executed with the same formalities as the original Will.
Sealing: After signing, the Will should be placed in an envelope and sealed with a durable, tamper-evident wax seal. This proves the Will hasn't been interfered with after the Testator's death.
Registration & Safe Custody: You can deposit your sealed Will with the High Court for a GH¢50.00 fee. The Registrar will give it a number and store it securely.
- Important: If a person dies and you are in possession of their Will, you must deposit it with the High Court within 14 days. Failure to do so is a criminal offence.

The Modern Safeguard: The Video Will

Inheritance disputes are common, and family members may challenge a Will's validity. While not a legal requirement, a Video Will is an increasingly popular tool to strengthen your written Will.

A Video Will typically show:

The Testator identifies themselves.
Reading the contents of the Will aloud.
Confirming they understand and endorse it.
Signing the Will in the presence of the witnesses, who also identify themselves on camera.

This video evidence can be powerful in court to silence baseless challenges. However, it must be professionally produced to meet legal standards; an amateur recording may be easily discredited.

How to Revoke a Will

You can revoke your Will by:

Physically destroying all copies (burning, tearing, shredding) with the intention of revoking it.
Directing someone else to destroy it in your presence.
Making a written declaration of revocation, following the same formalities as making a Will.
Making a new Will that explicitly states it revokes all previous Wills.

Conclusion: Plan with Confidence

Creating a valid Will is a fundamental part of responsible financial and family planning. By adhering to the requirements of the Wills Act, you ensure your final wishes are respected and you spare your family unnecessary stress and conflict.

Remember, while this guide provides a solid overview, every situation is unique. For absolute certainty, consulting a qualified lawyer is always the best course of action.