Unlawful interference in a deceased person’s property is a crime –Lawyer

A Kumasi-based private legal practitioner, Anita Boateng Quanson, Esq., has emphasised that unlawful interference in the property of a dead person is criminal and punishable by a fine or imprisonment.

She said touching a dead person’s property without legal permission from the court is an offence punishable by fine or imprisonment, and that the person can also be made to pay for any loss caused.

Lawyer Boateng Quanson, however, recommended an upward review of the fines made as far back in 1985 in this regard to serve as a deterrent to those who intentionally meddle with properties of deceased persons.

The lawyer stated that it is a crime in Ghana under Section 17 of the Wills Act, 1971 (Act 360) and Section 93 of the Administration of Estates Act, 1961 (Act 63) to meddle in a deceased’s estate.

Contributing to the Intestate Succession Law PNDC Law 111 on Kessben TV Women’s programme “MmaaNkabi” on Wednesday, Boateng Quanson told the host, Afua Yeboah Asuaman that the Wills Act, 1971 and Administration of Estates specify persons who can touch or share an estate of a deceased.

She mentioned these persons as an Executor named in a Will and an Administrator approved by Court with Letters of Administration.

“Anyone else who takes, sells, uses or shares the dead person’s property without a court authority is guilty of intermeddling”, she pointed.

Lawyer Boateng Quanson cited instances as when a family member moves into the deceased’s house and rents it out before Letters of Administration is granted; a brother sells the deceased’s car or withdraws his bank money without going to court and sharing the deceased’s belongings at a family meeting before the legal process.

Touching on Intestate Succession Law 1985 (PNDC Law 111) the lawyer said it protects both Spouses, in that it dictates how a person’s self-acquired property is distributed when they die without a valid will.

Lawyer Boateng Quanson said the law only recognises valid marriages under ordinance, customary law or Islamic law and that cohabitating partners or “girlfriends/boyfriends” do not qualify.

On how properties are shared as provided by the law, the lawyer said if the deceased leaves behind one house, it is shared equally between the surviving spouse(s) and children.

She also explained that if there is remaining property (residue) and the deceased is survived by both a spouse and children, it is divided under the PNDCL 111 as follows – 3/16 to the surviving spouse; 9/16 to the surviving children; 1/8 to the surviving parent and 1/8 to the customary family.

She mentioned items like television sets, furniture, appliances and non-commercial vehicles going entirely and equally to the surviving spouse and children as the key provisions of PNDCL 111.

 

 

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