Ghana’s 40-Year-Old Inheritance Law Failing Modern Families – Betty Mould-Iddrisu Urges Urgent Reform
Former Attorney-General and Founder of the African Women Lawyers Association (AWLA) Ghana, Hon. Betty Mould-Iddrisu, has called for the immediate passage of Ghana’s long-delayed Intestate Succession Amendment Bill, warning that the country’s 40-year-old inheritance law no longer protects modern families.
Speaking at a public lecture organised by AWLA at the UPSA Auditorium, Hon. Mould-Iddrisu said the Intestate Succession Act, 1985 (PNDCL 111) was revolutionary at the time but has since revealed critical gaps due to societal changes over four decades.
“The law fundamentally altered injustices that once left widows and children vulnerable,” she said. “Yet, today, it no longer adequately addresses the realities of modern families.”
The lecture, held under the theme “The Intestate Succession Act, 1985 (PNDCL 111) @ 40: Relevance, Challenges and Emerging Issues,” drew members of the Bench and Bar, parliamentarians, state attorneys, academics, gender advocates, civil society organisations, and students.
Hon. Mould-Iddrisu recalled that prior to 1985, widows and children, particularly within matrilineal and patrilineal systems, were routinely disinherited, evicted from homes, and left without financial security.
“Neither spouse had a right to the property of the other, even where there was a clear contribution,” she said.
Dr. Francisca Kusi-Appiah, Vice-Dean of UPSA Law School, noted that while PNDCL 111 was a milestone, it has not kept pace with contemporary family structures.
“The definition of ‘family’ in 1985 was narrow. Today’s reality includes blended families, informal unions, and complex property arrangements. Our legal framework must reflect this evolution,” she said.
Mrs. Sheila Minkah-Premo, Managing Consultant of ALC Law Consultants and Convener of the Affirmative Action Coalition, highlighted persistent gender challenges.
“PNDCL 111 was progressive, but women still face systemic barriers in inheritance disputes. Reform is critical for fairness and societal stability,” she said.
Mercedez Konadu Mari, Principal State Attorney at the Office of the Attorney-General, acknowledged the government’s awareness of the law’s limitations.
“We are conscious of the gaps identified and are working toward a legal amendment that balances equity, family security, and cultural realities,” she said.
Hon. Phillis Naa Koryoo Okunor, Member of Parliament and gender advocate, warned that delays in reform put families at risk.
“Every day that this law remains unamended, families face uncertainty, and women in particular are left exposed. Parliament must act decisively,” she said.
The Intestate Succession Act, 1985 (PNDCL 111) regulates the distribution of property when a person dies without leaving a will. Before its enactment, customary law often left widows and children vulnerable.
The Act grants statutory rights to spouses and children and defines the order of distribution among surviving relatives.
Critics say the law is outdated and does not adequately protect modern family structures or reflect changing societal norms.
The lecture concluded with a call for collaboration among legislators, legal practitioners, gender advocates, and civil society to ensure the amendment is passed promptly, modernising inheritance laws for all Ghanaians.