Basic 8 · Social Studies · Inheritance in Ghana
Issues of Inheritance in Ghana
In this topic you will discuss inheritance in Ghana, including matrilineal and patrilineal systems, the law on inheritance and how disputes can be prevented.
By the end of these notes you should be able to:
- Explain matrilineal and patrilineal inheritance
- Explain the main laws on inheritance
- Discuss inheritance problems and how to prevent them
What you already know
- Family systems in Ghana
Copy everything that has a blue line on its left into your notebook. The other parts are for reading.
Lesson 1
- Strand
- Family Life
- Sub-strand
- Inheritance in Ghana
- Indicator
- B8.2.2.1.2 – Discuss the issues of inheritance in Ghana
Introduction
When someone dies, who takes the house, the farm and the responsibilities? Ghanaian societies have traditionally answered this question in two ways.
1. What Is Inheritance?
Inheritance: Receiving property, titles or duties from a person who has died.
Inheritance includes houses, farms, money, businesses and, in traditional societies, titles such as chief or family head. The person who dies is called the deceased, and those who receive the property are called beneficiaries or heirs. A customary successor also takes on duties, such as caring for dependants. Inheritance helps to keep property within families and to look after those left behind, but it is also a common cause of conflict.
2. Two Systems of Descent
| Feature | Matrilineal | Patrilineal |
|---|---|---|
| traced through | the mother's line | the father's line |
| example peoples | Akan (apart from some groups) | Ewe, Ga, Dagomba |
| who inherits | brothers, nephews through sisters | sons and brothers |
| belonging | child belongs to mother's family | child belongs to father's family |
In the matrilineal system, a man's own children belong to their mother's family, and traditionally they did not inherit from him. Instead, his brothers or his sister's sons did. In the patrilineal system, children belong to the father's line, and sons were the main heirs. Daughters often received less, or nothing at all.
3. Reasons for the Systems
These systems arose in societies in which family land and property were held together by the lineage, the group descended from a common ancestor. Keeping property within the lineage stopped it from moving to outsiders. Among the Akan, there is a belief that a person's blood comes from the mother, so the mother's line is the basis of membership. Even so, the system was never fully rigid. A man could give gifts to his wife and children during his life, in the presence of witnesses.
4. Problems in Customary Inheritance
Problems began to arise as nuclear families and personal wealth grew. A widow and her children who had helped a man to build a house could be thrown out of it by his relatives. Daughters might lose out to sons. Many widows and orphans were left in poverty. Society came to see this as unjust, which led to changes in the law.
New words
- matrilineal
- Tracing descent through the mother.
- patrilineal
- Tracing descent through the father.
- lineage
- A group descended from one ancestor.
- beneficiary
- A person who receives from an estate.
Summary
- Inheritance passes on property, titles and duties.
- The Akan are mainly matrilineal, and the Ewe, Ga and Dagomba are patrilineal.
- Customary rules often left widows and children unprotected.
Class activity: Compare the Systems
- Draw two family trees.
- Show who inherits in each one.
- Discuss what seems fair and why.
You need: Printed matrilineal family tree, Printed patrilineal family tree, Copy of Ghana's Intestate Succession Law
Exercises
Answer in your exercise book first, then check your answers.
1. Akan inheritance is mainly…
- A. matrilineal
- B. patrilineal
- C. bilateral
- D. none
Show answer
Answer: matrilinealMother's line.2. In matrilineal systems, a man's property traditionally went to…
- A. his brothers or sisters' sons
- B. his own sons
- C. his wife
- D. the chief
Show answer
Answer: his brothers or sisters' sonsAkan.3. The Ewe are patrilineal.
- A. True
- B. False
Show answer
Answer: TrueFather's line.4. A group descended from one ancestor is a ______.
Show answer
Answer: lineageDescent.5. Explain the term inheritance.
Show answer
Answer: Receiving property, titles or duties from a person who has died.Definition.6. Why did customary inheritance cause hardship for some families?
Show answer
Answer: Widows and children could lose property they helped to build, and daughters might lose out.Injustice.
Lesson 2
- Strand
- Family Life
- Sub-strand
- Inheritance in Ghana
- Indicator
- B8.2.2.1.2 – Discuss the issues of inheritance in Ghana
Introduction
In 1985, Ghana passed one of its most important family laws to protect spouses and children.
1. The Intestate Succession Law
"Intestate" means dying without a valid will. The Intestate Succession Law, 1985 (PNDCL 111) sets out how such a person's property should be shared, regardless of ethnic group. Under this law, the surviving spouse and children get the house and the household goods. The remaining property is then shared.
| Beneficiary | Share |
|---|---|
| surviving spouse | 3/16 |
| children | 9/16 |
| surviving parent | 1/8 |
| customary family | 1/8 |
The 1992 Constitution also says that a spouse shall not be deprived of a reasonable share of the estate (Article 22). It is an offence to evict a spouse or child unlawfully from the home.
Sharing an estate
After the house and household goods are removed, a man's remaining estate is GH₵160,000. How much do the children get?
- The children's share is 9/16.
- 9/16 × 160,000 = 90,000.
Answer: GH₵90,000 among the children
2. Writing a Will
Will: A legal document stating how a person's property should be shared after death.
Anyone who is 18 or older and of sound mind can make a will. Two witnesses must sign it, and neither should benefit from it. It is often kept with a lawyer, or at the High Court. The person who carries out a will is called the executor. Many Ghanaians avoid writing wills, because they think it invites death. This is a myth, and it causes many problems. A will reduces family conflict.
3. Inheritance Disputes
| Cause | Result |
|---|---|
| no will | relatives argue over who gets what |
| ignorance of the law | widows and children lose out |
| greed | documents are forged or property taken |
| large polygamous families | unclear shares |
| unclear land titles | court cases that last for years |
4. Solving Disputes
- Family meetings led by elders.
- Mediation by religious leaders or respected people.
- Legal Aid, and Alternative Dispute Resolution.
- Reporting to the Commission on Human Rights and Administrative Justice (CHRAJ).
- Going to court as a last resort.
Greed and suspicion can break up families. The best approach is to speak honestly while people are still alive. Parents should make wills, keep documents safe and treat all children fairly.
New words
- intestate
- Dying without a valid will.
- will
- A document stating how property should be shared.
- executor
- The person who carries out a will.
- estate
- Everything a person owns at death.
Summary
- PNDCL 111 protects spouses and children when there is no will.
- A will states how property should be shared.
- Disputes can be solved by elders, mediation, CHRAJ or courts.
Class activity: Mock Family Meeting
- Act out a family meeting on sharing property.
- Use PNDCL 111 to guide the discussion.
- Reach a peaceful solution.
You need: Printed matrilineal family tree, Printed patrilineal family tree, Copy of Ghana's Intestate Succession Law
Exercises
Answer in your exercise book first, then check your answers.
1. "Intestate" means dying…
- A. without a valid will
- B. with a will
- C. abroad
- D. at an old age
Show answer
Answer: without a valid willDefinition.2. Under PNDCL 111, children share…
- A. 9/16
- B. 3/16
- C. 1/8
- D. 1/2
Show answer
Answer: 9/16Law.3. A will should be witnessed.
- A. True
- B. False
Show answer
Answer: TrueTwo witnesses.4. The person who carries out a will is the ______.
Show answer
Answer: executorWill.5. State two benefits of writing a will.
Show answer
Answer: It reduces conflict and makes clear who gets what.Any two.6. A person leaves GH₵80,000 after the house is removed. Find the spouse's share.
Show answer
Answer: 3/16 × 80,000 = GH₵15,000PNDCL 111.
Homework
- Ask an adult what happens to property in your family when someone dies, and write a short summary.