My firm, Ntrakwah & Co. and its sister company, Corporate Profile LTD (CPL) acts as Company Secretary for various companies in the country. Consequently, I sit as a representative of both entities as company secretary on some of these boards. I remember one day after one such board meeting, members and attendees decided to have lunch at a restaurant.
It is not unusual that after a board meeting of that company, we discuss various topics (whether trending or not) including the state of the Ghanaian economy, the effect of social media, the global political climate and “How I feel the older generation of Ghanaians have somewhat disappointed us the younger generation”, etc. For the last topic, much to my amusement, I always receive backlash from the members who always respond by telling me, my generation is entitled and does not appreciate hard work.
Anyway, to the topic of discussion, I remember on this particular day, for some reason, the topic for discussion was “WILLS”. My senior, Nana Yaw and I took them through the making of a WILL and its importance. Sometime during the discussion, the Managing Director of the company then asked if women ever made Wills? It was a very interesting question.
My senior and I both answered in the affirmative. But I must say, the MD’s question was a very valid question. Over the years, I have observed that indeed, women, compared to men, rarely do make “WILLS”. Why is that?
In the past, unfortunately, women were not considered to be of considerable financial means as compared to men. There was a time in Ghana (and probably elsewhere) when a property owned by a married woman was considered to belong to her husband. However, this position of the law has changed in recent times. Women have moved from being considered “chattels” to owning “chattels”. There are some women who have attained higher financial standing than men and some who are at par with their male counterparts. Thus, it has become imperative for my dear women to make WILLS!
The importance of making a WILL cannot be overstated and the process, not cumbersome as one might think. The Wills Act, 1971 (Act 360) provides that any person of 18 years and above may in writing, make a disposition of property belonging to her or to which she is entitled, at the time of her death or thereafter. A testator (a male who makes a valid will) or for the purposes of this article, testatrix (a female who makes a valid will), must be of sound mind at the time of making the WILL. Thus, subsequent insanity does not invalidate a WILL that has met all the requirements under Act 360. Even where a testatrix suffers from insanity and makes a WILL during her lucid moment, such a WILL is valid.
The WILL must be signed by the testatrix or some other person at her direction. A testatrix who is too ill to sign her WILL can have her hand guided to sign it or make a mark or a thumbprint on it. The signature of the testatrix must be witnessed by 2 or more witnesses present at the same time. Where the testatrix has directed some other person to sign, the said person’s signature shall be made in the presence of the testatrix and 2 or more witnesses present at the same time. The witnesses must sign in the presence of the testatrix and each other.
In the case of a blind and illiterate testatrix, a competent person shall carefully read over and explain the contents of the WILL to her before she signs, makes her mark or thumbprints. The competent person must declare in writing on the WILL, that these requirements were met before the testatrix signed, made her mark or thumb printed.
A person who dies without making a WILL is said to have died intestate. More often than not, when a woman dies intestate, in the event that her family is aware that she was of higher financial standing than her husband, the family tend to treat the husband like an outsider and act like the husband is not deserving of any property belonging to his late wife. This scenario does not only arise when a woman is of higher financial standing than her husband, the reverse is also true, if not, even more prevalent.
Although the Intestate Succession Law, 1985 (PNDCL 111) was enacted to prevent these situations, in my opinion, a person is safer and more at peace knowing that he or she has made a WILL and catered for his or her loved ones and family before his or her demise.
In conclusion, I must say, “WOMEN MAKE WILLS” albeit rarely. Consequently, I will entreat all women to consider making WILLS during their lifetime to ensure that upon their demise, their properties are left to people of their choosing and not to “scavengers”.
Paulina Akosua Danso
Managing Associate
