Samansiw (nuncupative will) in Ghana case law.

Similarly, in our opinion, the right of a married person to make a will depends on the law of his domicile relating to wills, and not upon the system of his marriage, unless there is a special provision in the laws relating to marriage which regulates the testamentary rights of a person who so married. In this country there are two forms of wills - the will made in accordance with English law, and the will made in accordance with customary law (samansiw, a nuncupative will). Each of these may be valid, if the peculiar requirements for making it are complied with. The making of a will is not a matter which arises out of the contract of marriage, consequently a person subject to customary law, though he may be married under the Marriage Ordinance, may in our opinion make a valid samansiw (nuncupative will).

COLEMAN v. SHANG [1959] GLR 390 [1959] SLR (CA) 48 · Court of Appeal · 1959 · VAN LARE AG CJ

Obviously this version cannot be correct, because although Kwabena Appianin may by samansiw dispose of his self-acquired property in the way he likes, he cannot make an appointment of a head of the family to bind the family, and cannot so dispose of the property of the family.

IN RE ESTATE OF KWABENA APPIANIN (DECD.); FRIMPONG v. ANANE [1965] GLR 354 [1965] SLR (SC) 28 · Supreme Court · 1965 · OLLENNU JSC

We think failure to pay an aseda should not avoid or nullify a bequest. Firstly, the beneficiary might not be present when the declaration was made. What if he were out of the country and his relations refused to pay an aseda on his behalf? Secondly, what if the declarant died soon after the declaration before an aseda could be given, must the bequest fail? Finally, of what significance will an aseda be if the declarant did not die?

IN RE ARMAH (DECD.); AWOTWI v. ABADOO [1975] 1 GLR 374 [1975] SLR (CA) 15 · Court of Appeal · 1975 · SOWAH JA