Researcher advocates review of intestate law
Accra (Greater Accra) 03 May 2000
Dr Oware Gyekye, a Senior Research Fellow of the Institute of Statistical, Social and Economic Research (ISSER) on Tuesday, called for an immediate review of what he termed "the over 15-year old intestate succession law" for better understanding and easy enforcement.
Dr Gyekye who is the Head of the Social Division of the Institute, told a seminar to assess the impact of the intestate succession law, passed address problems associated with the distribution of property of people who die without leaving a will, that the rules for making wills should also be revised to make it easier for them to be made.
He said, in Ghana, making a will is automatically linked with death and called for a change in social such beliefs to encourage many more people to make wills.
To begin with, lawyers could educate their clients on the necessity for wills without, which children and spouses could be maltreated by family members.
Churches could also be involved in the process since they are closer and could be trusted by their members.
Tribunals should also be considered as places for the deposit of wills instead of higher courts because they are located within the vicinity of the majority of citizens.
Dr Gyekye said, a research undertaken by the Institute revealed that there has not been an appreciable increase in the number of wills deposited at the recognised courts between 1985 and 1998.
The research showed that wills deposited in the Greater Accra Region between 1980 and 1985 were 1,202, those for 1986 to 1991 were 1,139 while that of 1992 to 1998 were 1,419 making a total of 3,760 wills. In the Brong Ahafo Region, the number of wills deposited within the same period were 114, 143 and 150 respectively.
The story was not different from the other regions especially, in the Upper West Region, which had the lowest recording of 29, for the same period under review.
Dr Gyekye expressed regret that the law has its own attendant problems where family relations no longer assist in settlement of funeral expenditure and educational expenses due to the provisions in the law, which allocate almost all property to the spouse and children. Reviewing the law will help bring peace among all interested parties, he said.
GRi…/