Wills Act, 1971 Act 360 (Revised Edition)

ACT 360
Wills Act, 1971
ACT 360
WILLS ACT, 1971
ARRANGEMENT OF SECTIONS
SECTION
1. Power to make a will.
2. Execution of a will.
3. Executors and witnesses.
4. Incorporation of other documents.
5. Alteration of a will.
6. Armed Forces wills.
7. Rules of construction.
8. Lapsed dispositions.
9. Revocation of a will.
10. Revival of revoked will.
11. Custody of wills.
12. Deposit of wills found after death of testator.
13. Provision for dependants.
14. Disposal of life insurance money.
15. Wills made outside the Republic.
16. Change of domicile.
17. Ascertainment of internal law.
18. Interpretation.
19. Statutes ceasing to apply and savings.
20. Commencement.
ACT 360
WILLS ACT, 19711
AN ACT to regulate the making of wills and to give effect to the provisions of a will
and to provide for related matters.
1. Power to make a will
(1) A person of or above the age of eighteen years may in writing and in accordance
with this Act, make a will disposing of the property
(a) of that person, or
(b) to which that person will be entitled at the time of death, or
(c) to which that person may be entitled after death.
1. The Act was assented to on 3rd July, 1971.
VII — 4401 [Issue 1]

tled at the time of death, or
(c) to which that person may be entitled after death.
1. The Act was assented to on 3rd July, 1971.
VII — 4401 [Issue 1]

ACT 360
Wills Act, 1971
(2) A person suffering from insanity or infirmity of mind so as to be incapable of un
derstanding the nature or effect of a will does not have capacity to make a will during the
continuance of that insanity or infirmity of mind. (3) A will, or a provision of a will, obtained by fraud or made under duress or undue
influence, is void. 2. Execution of a will
(1) A will is not valid unless it is in writing and signed by the testator or by any other
person at the direction of the testator. (2) A signature is not operative to give effect to a disposition or direction which is
underneath or which follows it, or which is inserted after the signature has been made. (3) The signature of the testator shall be made or acknowledged by the testator in the
presence of two or more witness present at the same time. (4) A signature by any other person at the direction of the testator shall be made by
that other person in the presence of the testator and two or more witnesses present at the
same time. (5) The witnesses shall attest and sign the will in the presence of the testator, but a
form of attestation is not necessary.

resent at the
same time. (5) The witnesses shall attest and sign the will in the presence of the testator, but a
form of attestation is not necessary.

(6) Where the testator is blind or illiterate, a competent person shall carefully read
over and explain the contents of the will before it is executed, and that competent person
shall declare in writing on the will that the will had been read over and its contents ex
plained to the testator and that the testator appeared perfectly to understand the will be
fore the will was executed. 3. Executors and witnesses
(1) A person of or above the age of twenty-one years and having capacity to enter
into a contract may be appointed an executor of a will. (2) A person appointed by a will to be an executor may attest the will. (3) A creditor of the testator may be an attesting witness although by the will the
property of the testator is charged with the payment of the debts. (4) A beneficial disposition of or affecting a property, other than charges or direc
tions for the payment of a debt, given by a will to a person who attests the execution of
that will, is void unless the will is duly executed without that person’s attestation and
without the attestation of any other person. 4.

execution of
that will, is void unless the will is duly executed without that person’s attestation and
without the attestation of any other person. 4.

Incorporation of other documents
(1) A will may not incorporate another document unless that document was in exis
tence at the time the will was executed and is sufficiently identified in the will. (2) Oral evidence may be admissible for the purpose of identification. (Issue 1] VII — 4402

l was executed and is sufficiently identified in the will. (2) Oral evidence may be admissible for the purpose of identification. (Issue 1] VII — 4402

ACT 360
Wills Act, 1971
5. Alteration of a will
(1) An alteration made in a will does not have effect
(a) unless it is separately executed in the manner that is required for the execu
tion of the will, or
(b) unless it has been made valid by the re-execution of the will or by the sub
sequent execution of a codicil to the will. (2) Despite section 2 (2), a separate execution of an alteration is sufficient if it is ap
parent on the face of the will that the testator intended to give effect by the execution to
the alteration. 6. Armed Forces wills
(1) Despite a provision of this Act to the contrary, a member of the Armed Forces of
whatever age may, while engaged on active service, make a will
(a) in written and unattested form, if the material provisions and signature are
in the handwriting of the testator, or
(b) in written form, whether or not in the handwriting of the testator, and at
tested by one witness, or
(c) orally before two witnesses.

testator, or
(b) in written form, whether or not in the handwriting of the testator, and at
tested by one witness, or
(c) orally before two witnesses.

(2) A beneficial disposition of or affecting a property, other than charges or direc
tions for the payment of a debt given by a will made under this section to a witness to that
will, is void unless the will is duly executed, if written, or witnessed, if oral without attes
tation and without the attestation of any other person. (3) A will made in accordance with this section remains valid even though the testa
tor ceases to be a member of the Armed Forces. (4) A will made in accordance with this section may be revoked by another will made
in accordance with this section or by means of a revocation provided in section 9. (5) A will made in accordance with this section may revoke an earlier will made by
the testator in accordance with section 2. 7. Rules of construction
(1) A will shall take effect as if it had been executed immediately before the death of
the testator, unless a contrary intention appears from the will. (2) A disposition of immovable property without words of limitation shall pass the
whole of the estate or interest in the estate which the testator has power to dispose of by
will.

property without words of limitation shall pass the
whole of the estate or interest in the estate which the testator has power to dispose of by
will.

(3) A general disposition of the land of a testator or of the testator’s land at a place,
or in the occupation of a person or otherwise described in a general manner, includes
lands of any estate or tenure, unless a contrary intention appears from the will. (4) A general disposition of the movable or immovable property of a testator includes
a property to which the testator may have power to appoint in a manner the testator thinks
fit. VII — 4403 [Issue 1]

e property of a testator includes
a property to which the testator may have power to appoint in a manner the testator thinks
fit. VII — 4403 [Issue 1]

ACT 360
Wills Act, 1971
(5) A general or residuary disposition shall operate to confer a power to exercise a
power of appointment, unless a contrary intention appears from the will. (6) A residuary disposition includes property comprised in lapsed and void disposi
tions, unless a contrary intention appears from the will. (7) Where a testator and a beneficiary under the will, die in circumstances
(a) in which it appears that their deaths were simultaneous, or
(b) rendering it uncertain which of them survived the other,
the beneficiary shall be deemed to have survived the testator for any purposes affecting
the entitlement to property under the will of that testator; but for the purposes of the enti
tlement of the testator to that property under a will of that beneficiary, that beneficiary
shall be deemed to have survived that testator, unless a contrary intention appears from
the will. 8. Lapsed dispositions
(1) A disposition made to a person who predeceases the testator or which is contrary
to law or otherwise incapable of taking effect shall lapse and fall into residue, unless a
contrary intention appears from the will.

which is contrary
to law or otherwise incapable of taking effect shall lapse and fall into residue, unless a
contrary intention appears from the will.

(2) Despite subsection (1), a disposition made by a testator to the testator’s descen
dant, other than for an estate determinable at or before the death of that descendant shall
not lapse where that descendant predeceases the testator leaving issue surviving the testa
tor, but shall take effect as a disposition to the issue per stirpes unless a contrary intention
appears from the will. 9. Revocation of a will
(1) A will may be revoked by tearing or any other physical destruction by the testator
or by any other person in their presence and by the direction of the testator with the inten
tion of revoking it. (2) A will may be revoked by a written declaration of intention to revoke, executed in
the same manner as a will. (3) A will may be revoked by the execution of another will which is expressed to re
voke the previous will. (4) A will which is not expressed to revoke a previous will shall not revoke that pre
vious will except to the extent that it is inconsistent with the previous will.

h is not expressed to revoke a previous will shall not revoke that pre
vious will except to the extent that it is inconsistent with the previous will.

(5) The destruction of a will does not revoke that will where the testator destroys the
will
(a) as a result of fraud or undue influence, or
(b) under a mistake of fact or law intending to make any other disposition of
the property which is not validly made. [Issue 1] VI _ 4404

nfluence, or
(b) under a mistake of fact or law intending to make any other disposition of
the property which is not validly made. [Issue 1] VI _ 4404

ACT 360
Wills Act, 1971
10. Revival of revoked will
(1) A will or a part of a will which is revoked shall not be revived otherwise than by
its re-execution or by a written declaration of intention to revive it, executed in the same
manner as a will. (2) Where a will which is partly revoked and afterwards wholly revoked is revived,
the revival shall extend to the whole will. 11. Custody of wills
A person may deposit for safe custody in the High Court the will of that person sealed
up under the seal of that person and the seal of the Court. 12. Deposit of wills found after death of testator
(1) A person who has possession or under control a paper or writing of a deceased
person, being or purporting to be testamentary, shall immediately deposit it with the High
Court or any other Court. (2) Where the Court with which a paper or writing is deposited is not the High Court
it shall forthwith cause it to be transmitted to the High Court.

(2) Where the Court with which a paper or writing is deposited is not the High Court
it shall forthwith cause it to be transmitted to the High Court.

(3) A person who fails to deposit that paper or writing as required by subsection (1)
within fourteen days after having knowledge of the death of the deceased, commits an of
fence and is liable on conviction to a fine not exceeding two thousand penalty units or to a
term of imprisonment not exceeding ten years or to both the fine and the imprisonment. 13. Provision for dependants
(1) If, on an application made, not later than three years from the date on which pro
bate of the will is granted, the High Court is of the opinion
(a) that a testator has not made reasonable provision whether in life or by will
of the testator for the maintenance of a father, mother, spouse or child un
der eighteen years of age of the testator, and
(b) that hardship will be caused,
the High Court may, taking account of the relevant circumstances, despite the provisions
of the will, make reasonable provision for the needs of the father, mother, spouse or child
out of the estate of the deceased.

despite the provisions
of the will, make reasonable provision for the needs of the father, mother, spouse or child
out of the estate of the deceased.

(2) Without prejudice to the generality of subsection (1), the reasonable provision
may include
(a) payment of a lump sum, whether immediate or deferred, or grant of an an
nuity or a series of payments, and
(b) grant of an estate or interest in immovable property for life or a lesser
period. VII — 4405 [Issue 1]

of an an
nuity or a series of payments, and
(b) grant of an estate or interest in immovable property for life or a lesser
period. VII — 4405 [Issue 1]

ACT 360
Wills Act, 1971
14. Disposal of life insurance money
(1) Despite anything in this Act or any other enactment, where a person takes out a
policy of life insurance on that person’s life for a sum of money which is expressed on
the face of the policy to be for the benefit of a member of that person’s family then,
unless the nomination of that member is expressly revoked by a will duly made in accor
dance with this Act or in any other manner approved by the contract of insurance, on the
death of the insured person, the sum of money assured shall not form part of the estate
but shall, subject to this section, be paid to the member who is nominated. (2) A nomination to which subsection (1) applies shall become void if the member
nominated predeceases the insured person. (3) Subsection (7) of section 7 shall, with the modifications that are necessary, apply
to the nomination as it applies to a disposition in a will.

n. (3) Subsection (7) of section 7 shall, with the modifications that are necessary, apply
to the nomination as it applies to a disposition in a will.

(4) Subject to subsections (5) and (6) of this section, an insurer who, in good faith
and without notice of a revocation referred to in subsection (1) of this section pays the
sum of money assured to or for the benefit of the member nominated in respect of the
policy is for the puiposes of this Act, duly discharged in respect of that sum of money. (5) Where the member nominated who is entitled to receive money under a policy of
life insurance after the death of the person insured is a minor, or of unsound mind or suf
fering from any other disability rendering the member unfit to manage the member’s own
affairs, the High Court may, on application made to it for the purpose, appoint a person to
administer that money in accordance with the order of the Court and on behalf of the
member. (6) Without prejudice to subsection (5), the powers conferred on the High Court by
that subsection may be exercised
(a) by a District Court where the sum of money assured does not exceed the
monetary jurisdiction of the District Court;
(b) by a Circuit Court where the sum of money assured is within the monetary
jurisdiction of the Circuit Court.

ry jurisdiction of the District Court;
(b) by a Circuit Court where the sum of money assured is within the monetary
jurisdiction of the Circuit Court.

(7) This section has effect without prejudice to section 5 of the Contracts Act, 1960
(Act 25). (8) This section applies to the sums of money assured which are to be paid after the
commencement of this Act whether the policy or nomination in question was taken out or
effected before or after the commencement. (9) For the purposes of this section,
“member of family” means a spouse, child, parent, grandparent, parents’ child,
brother’s child, sister’s child, grandchild, parents’ brother or sister, parents’ brother’s
child, parents’ sister’s child, step brother or sister or step child;
“policy of life insurance” means a policy issued by an insurer on any life or lives
or on any event or contingency relating to or depending on any life or lives;
“sum of money assured” includes the moneys payable by an insurer in respect of
a policy which has lapsed. [Issue 1] vn — 4406

ng on any life or lives;
“sum of money assured” includes the moneys payable by an insurer in respect of
a policy which has lapsed. [Issue 1] vn — 4406

ACT 360
Wills Act, 1971
15. Wills made outside the Republic
(1) A will is properly executed if its execution conformed to the internal law in force
in the territory where it was executed, or in the territory where at the time of its execution
or of the testator’s death the testator was domiciled or had habitual residence or in a state
of which the testator is a national at either of those times.

the testator’s death the testator was domiciled or had habitual residence or in a state
of which the testator is a national at either of those times.

(2) Without prejudice to subsection (1), the following shall be deemed to be properly
executed:
(a) a will executed on board a vessel or an aircraft of any description, if its
execution conformed to the internal law in force in the territory with which
having regard to its registration and any other relevant circumstances, the
vessel or aircraft may be taken to have been most closely connected;
(b) a will so far as it disposes of immovable property, if its execution con
formed to the internal law in force in the territory where the property was
situated;
(c) a will so far as it revokes a will which under this Act is, or would be
deemed to be properly executed or revokes a provision which under this
Act is or would be deemed to be comprised in a properly executed will, if
the execution of the later will conforms to a law by reference to which the
revoked will or provision would be so deemed;
(d) a will so far as it exercises a power of appointment, if the execution of the
will conformed to the law governing essential validity of the power.

(d) a will so far as it exercises a power of appointment, if the execution of the
will conformed to the law governing essential validity of the power.

(3) A will so far as it exercises a power of appointment is not improperly executed by
reason only that its execution was not in accordance with a formal requirement contained
in the instrument creating the power. (4) Where a law in force outside the Republic falls to be applied in relation to a will,
a requirement of that law of which
(a) special formalities are to be observed by testators answering a particular
description, or
(b) witnesses to the execution of a will are to possess certain qualifications,
shall be deemed to be a formal requirement only, despite a rule of that law to the contrary. 16. Change of domicile
A will shall not be held to be revoked or to have become invalid, and its construction
shall not be altered, by reason of a subsequent change of domicile of the testator. 17. Ascertainment of internal law
(1) Where under this Act the internal law in force in a territory or state is to be ap
plied in the case of a will, but there are in force in that territory or state two or more
VII _ 4407 [Issue 1]

ce in a territory or state is to be ap
plied in the case of a will, but there are in force in that territory or state two or more
VII _ 4407 [Issue 1]

ACT 360
Wills Act, 1971
systems of internal law relating to the formal validity of wills, the system to be applied
shall be ascertained as follows:
(a) if there is in force throughout the territory or state a rule indicating which
of those systems can properly be applied in the case in question, that rule
shall be followed; or
(b) if that rule is not in force, the system shall be that with which the testator
was most closely connected at the relevant time; and for this purpose the
relevant time is the time of the testator’s death where the matter is to be de
termined by reference to circumstances prevailing at the testator’s death,
and the time of execution of the will in any other case. (2) In determining, for the puiposes of this Act, whether or not the execution of a will
conformed to a particular law, account shall be taken of the formal requirements of that law
at the time of the execution, but this shall not prevent account being taken of an alteration
of law affecting wills executed at that time if the alteration enables the will to be treated
as properly executed. 18.

t being taken of an alteration
of law affecting wills executed at that time if the alteration enables the will to be treated
as properly executed. 18.

Interpretation
In this Act, unless the context otherwise requires,
“active service” has the meaning given to it by section 98 of the Armed Forces
Act, 1962 (Act 105);
“child” includes a person adopted under an enactment relating to adoption, any
person recognised by the person in question to be the child of, or to whom, that per
son stands in loco parentis, and in the case of a Ghanaian, includes also a person rec
ognised by customary law to be the child of that person;
“descendant” means a child or grandchild of the testator;
“internal law” in relation to a territory or state means the law which would apply
in a case where a question of law in force in any other territory or state does not arise;
“property” includes movable and immovable property and a right, benefit, an ex
pectancy or any other interest;
“spouse” means the wife or husband of a deceased person;
“state” means a territory or group of territories having its own law of nationality;
“will” includes a codicil and any other testamentary instrument, and “testator”
shall be construed accordingly. 19.

having its own law of nationality;
“will” includes a codicil and any other testamentary instrument, and “testator”
shall be construed accordingly. 19.

Statutes ceasing to apply and savings
(1) The English Statutes relating to wills as they apply in the Republic shall cease to
apply. (2) This Act shall only apply to wills made after the commencement of this Act. [Issue 1] vn — 4408

ACT 360
Wills Act, 1971
(3) This Act shall not affect the validity of oral testamentary dispositions made in ac
cordance with customary law.
20. Commencement
Spent.2
2. The section provides 1st June, 1971 as the day on which the Act shall come into force
VII — 4409 [Issue 1]