Further, I note that the Court of Appeal stated that, at the time probate was granted, the property was still under confiscation “and thus not part of his estate.” In my opinion, and with all due deference to the learned Justices of Appeal, the grant of probate in 1991, prior to the de-confiscation in 1992, does not defeat the interests of the devisees. This is because the grant of probate merely authenticated the Will and authorised the executors to administer the estate. Since the Will beneficially vested the property in the maternal family, the executors generally held the property in trust for those beneficiaries and, upon the de-confiscation, were obliged to transfer the same to them.
ALBERT OWUSU BAAH (SUBSTITUTED BY JOSEPH AKOTO ANSAH – HEAD OF FAMILY ) VRS MRS. AGNES OWUSU ASARE, ALEX OWUSU ASARE, SYLVESTER OWUSU ASARE & THERESAH ASARE OWUSU CIVIL APPEAL NO. J4/35/2025 29TH JULY, 2026 [2026] SLR (SC) 40 · Supreme Court · 2026 · ACKAAH-BOAFO JSC
Read it in the judgment