AWLA Demands Urgent Reform as Intestate Succession Law Turns 40

Ghana’s 40-year-old Intestate Succession Act (PNDCL 111) has outlived its original framework and must be urgently reformed, legal experts and lawmakers have warned at a public lecture on Tuesday December 18, organized by the African Women Lawyers Association (AWLA) at the University of Professional Studies, Accra (UPSA).

The lecture, held at the UPSA Auditorium, brought together judges, lawyers, Members of Parliament, state attorneys, gender advocates, academics and students to examine the law’s relevance, persistent challenges and emerging issues under the theme:

“The Intestate Succession Act, 1985 (PNDCL 111) @ 40: Relevance, Challenges and Emerging Issues.”

UPSA: 40 Years Is a Moment for Reflection and Reform

Opening the event, Dr. Francisca Kusi-Appiah, Vice-Dean of the UPSA Law School, described the anniversary as a critical moment for national reflection.

“It is often said that life begins at 40. This anniversary gives us the opportunity to review what PNDC Law 111 has achieved and, more importantly, to interrogate the reforms that are now necessary for our collective benefit and for future generations,” she said.

She noted that intestate succession lies at the heart of social justice, particularly when families are thrown into crisis following the death of a breadwinner without a will.

“These are not abstract legal issues. They affect real families, real homes and real livelihoods,” Dr. Kusi-Appiah added.

 

AWLA Reaffirms Longstanding Advocacy

Chairperson of AWLA-Ghana, Kristine Lartey Esq., said the lecture reflected AWLA’s longstanding commitment to protecting women and children from inheritance-related injustices.

“The Intestate Succession Act has been one of the laws of keen interest to AWLA for many years. This lecture allows us to critically assess its successes, its shortfalls and the way forward after 40 years of application by the courts,” she stated.

 

PNDCL 111 Was Revolutionary — But Society Has Changed

Delivering the keynote lecture, Hon. Betty Mould-Iddrisu, Founder of AWLA-Ghana and former Attorney-General, described PNDCL 111 as one of the most revolutionary social interventions in Ghana’s legal history.

“Before 1985, widows and children were routinely disinherited, evicted from their homes and left destitute. PNDCL 111 was the first law in Ghana—and arguably in Africa—specifically designed to protect spouses and children in cases of intestacy,” she said.

She recalled how customary inheritance systems, particularly within matrilineal and patrilineal traditions, denied spouses any legal claim to property.

“Neither spouse had a right to the property of the other. Widows could be locked out of their homes and left at the mercy of customary successors who rarely fulfilled parental obligations,” she noted.

 

Gains Made Over Four Decades

According to Hon. Mould-Iddrisu, the law has over the years:

• Guaranteed defined inheritance rights for spouses and children
• Reduced harmful customary inheritance practices
• Introduced certainty and uniformity in estate distribution
• Advanced gender equality, particularly for women

“PNDCL 111 remains highly relevant because its core objective—protecting spouses, children and dependants—still reflects Ghanaian social values and constitutional principles,” she said.

 

Gaps and Emerging Challenges

However, she warned that the law has not evolved with Ghana’s changing family structures.

“Forty years later, the law shows clear gaps—fractionalization of estates, inadequate treatment of polygamous marriages, tensions over matrimonial homes, and the failure to recognize jointly acquired property,” she said.

She also cited the absence of protections for digital assets, pensions and modern investments, as well as weak safeguards for minor and school-going children.

 

Women’s Caucus: Law Still Failing Many Families

Representing the Women’s Caucus in Parliament, Hon. Phillis Naa Koryoo Okunor, MP for Awutu Senya East, acknowledged the law’s progressive intent but said its impact remains uneven.

“Despite its progressive intentions, many widows and children are still marginalised—either because they are unaware of their statutory rights or because they cannot enforce them in the face of entrenched customary practices,” she said.

She disclosed that although the Intestate Succession Bill, 2022 lapsed, renewed parliamentary engagement is underway.

“This lecture must move us beyond sympathy to action—towards reform, education, enforcement and cultural change,” Hon. Okunor stressed.

 

Attorney-General’s Office: New Bill Coming

Responding to questions from participants, Mercedez Konadu Mari, Principal State Attorney at the Office of the Attorney-General and Ministry of Justice, confirmed that a fresh version of the amendment bill is being prepared for re-laying in Parliament.

“This bill is not about men versus women. It is about protecting families. It could be your sister, your child, or even you,” she said.

She acknowledged resistance in Parliament but said the Attorney-General remains committed to securing passage.

“The law has brought certainty and security, but it must now reflect today’s realities—jointly acquired property, digital assets and modern family structures,” she added.

 

Call for Broad Coalition

Panelists including ACP Owusuwaa Kyeremeh (DOVVSU), Georgette Francois Esq., and Mrs. Sheila Minkah-Premo Esq. called for intensified advocacy, coalition-building and engagement with traditional and religious leaders.

“Forty years is too long to keep doing the same thing the same way. The law saved lives, but now it must be amended,” Mrs. Minkah-Premo said.

 

Background: What Is the Intestate Succession Act (PNDCL 111)?

Passed in 1985, the Intestate Succession Act (PNDCL 111) regulates how the estate of a person who dies without a will is distributed in Ghana.

The law was enacted to:

• Protect surviving spouses and children
• Replace discriminatory customary inheritance practices
• Introduce uniform and predictable rules for estate distribution

It allocates defined shares of an intestate estate to the spouse, children, parents and customary family, and makes special provision for household chattels and the matrimonial home.

Despite its landmark status, critics argue the law no longer reflects Ghana’s modern family systems and urgently requires amendment.

Source:Joseph Kobla Wemakor