Can Siblings in Ghana Agree Not to Read a Will and Share Property Equally?

Question from Jonathan, Can Siblings in Ghana Agree Not to Read a Will and Share Property Equally?

Answer from AI:

In Ghana, the distribution of a deceased person’s estate is generally governed by the laws of succession, which are outlined in the Administration of Estates Act, 1961 (Act 63). However, the question of whether siblings can agree not to read a will and share property equally is a complex one that may require legal advice.

Reading the Will

The will is a legal document that expresses the deceased’s wishes regarding the distribution of their property after death. It is typically read in the presence of the beneficiaries, and its provisions are legally binding. Ignoring the will and deciding to share the property equally among siblings could potentially violate the deceased’s wishes and the law.

Agreement Among Siblings

While siblings can certainly come to an agreement among themselves, such an agreement may not be legally enforceable if it contradicts the terms of the will. The will is the primary instrument for distributing the deceased’s estate, and its provisions generally take precedence over any informal agreements among the beneficiaries.

Implications in the Ghana Constitution

The Ghana Constitution does not directly address the issue of wills and inheritance. However, it does provide for the rule of law and respect for individual rights, which could be interpreted to include the right of a person to dispose of their property as they see fit. Ignoring the will could potentially infringe on this right.

Legal Advice

Given the complexity of this issue, it would be advisable to consult with a legal professional who is familiar with Ghanaian law. They can provide personalized advice based on the specifics of your situation and help you understand the potential legal implications of your decision.

Resources

For more information on the laws of succession in Ghana, you can refer to the Administration of Estates Act, 1961 (Act 63). This act provides detailed information on the administration and distribution of estates in Ghana.

In conclusion, while siblings can come to an agreement among themselves, such an agreement may not be legally enforceable if it contradicts the terms of the will. It is important to respect the deceased’s wishes as expressed in the will, and to seek legal advice if you are unsure about the legal implications of your decision.