Wills in Ghana case law.

3 passages from 1 case, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.

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Construction of a will

It is a trite canon of interpretation that, in construing documents, the document must be read as a whole. In relation to Wills specifically, it is generally accepted by learned text writers that the overriding principle governing the construction of a Will is that, as far as possible, effect must be given to the intention of the testator, such intention being ascertainable from the words employed in the Will itself. The learned author A. K. P. Kludze in his book Modern Law of Succession in Ghana states at page 81, Chapter 5 as follows: “The cardinal rule in the construction of a will is that the intention of the testator, as declared by him and apparent in the words of his will, must be given effect, so far as, and as nearly as may be, consistent with law”.

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

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From the foregoing jurisprudential analysis, the settled position of the law is that the intention of a testator is to be ascertained from a holistic consideration of the Will together with the surrounding circumstances. In undertaking this exercise, the court places itself in the position of the testator at the time the Will was executed.

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Property restored to the estate after the testator’s death

In my view, therefore, once the property was subsequently restored, it fell back into the estate and devolved in accordance with the Will, since the release document of April 17, 1992, did not specifically displace the Will or vest the property in any person other than those to whom it had been devised.

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More in Succession Law: Administration of estates Customary succession Customary wills Intestacy under the Marriage Ordinance Probate Samansiw (nuncupative will)

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