Fair Share or None At All? The Truth About Wills.

Dear sir, I am a Banker. I belong to a family of five. Among my three siblings, I am the only one resident in Ghana. My being in Ghana has naturally brought me closer to my parents, compared to my two siblings who live abroad.  Not that my father ever say that my siblings living abroad is worrying. For my siblings are in constant touch with him and more importantly visit quite often. I was therefore in shock at a recent family meeting when my father stated that he intends given a large measure of his will to me as it really looks like my two siblings are content with living abroad. Try as I did to talk to him about the potential enmity that his action may bring about the oldman would have none of that. 

is it legal for my father to exclude  my two brothers from his will?

Legal mind kindly advise:

Nana Akua 

North Labone, Accra

Dear Nana Akua, it is the law that a testator is free to disposed of his asset and estate anyhow he or she choses. In simple terms, the general rule is that a testator is free to make a will and distribute his estate as he pleases. He is not under any legal or even moral obligation to leave any fixed portion of his estate to any particular person. 

Therefore, your father is not only entitled to have the intention not to devise or bequeath anything to your siblings but he can in reality exclude them when the time finally comes for him to write the Will. 

As I have said above, that is the general law, however there could be an exception to the right or power of a testator to make his will and distribute his estate as he pleases. 

In Ghana, such exceptions could be found under Article 22(1) of the Constitution, 1992 and section 13(1) of the Wills Act, 1971.

Its essence is that, even though a testator may have made certain distributions in his will, if he does not make reasonable provision for either his father, mother, spouse or child under 18 years, and as a result, great hardship will befall them, then upon an application to the High Court, the Court may make orders for reasonable provision out of the deceased’s estate for such a person, the specific devolutions/distributions in the will notwithstanding. 

Now, based on your question and the supporting facts, I doubt any of the exceptions may apply to benefit of your siblings, who appears to be adults – that is more than 18 years and are not dependents on your father, assuming he goes ahead to make the Will and makes no direct and specific provisions for your siblings.

Disclaimer; note that the advice rendered/offered here may  not be exhaustive. we aim to provide a primary guideline on the legal subject discussed.

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