Beddu & Others Vrs Beddu [2023] GHAHC 241 (31 January 2023)

Beddu & Others Vrs Beddu [2023] GHAHC 241 (31 January 2023)

The purported will of the deceased is invalid as the deceased was an illiterate and there is no evidence the will was read and explained to him as required by law; thus, the estate falls into intestacy and should be administered accordingly. Plaintiffs failed to prove intermeddling by the defendant. Letters of administration are to be granted to Paapa Beddu Nkrumah, Gloria Beddu, and the Registrar of the Court.

Citation
[2023] GHAHC 241
Parties
Plaintiff: Samuel Kwame Beddu; Plaintiff: Paapa Beddu Nkrumah; Plaintiff: Francisca Deede Beddu Nkrumah; Defendant: Gloria Beddu
Court
High Court
Jurisdiction
Ghana
Judgment Date
31 January 2023
Procedural Posture
Contentious Probate / Letters of Administration / Judgment
Outcome
Plaintiffs' relief (a) granted; reliefs (b) and (c) dismissed; no order as to costs.
Legal Topics
Validity of Will, Intestacy, Burden of Proof, Intermeddling, Letters of Administration
Source Language
English
Succession Law Probate and Administration Validity of Will Intestacy Burden of Proof Intermeddling Letters of Administration

Case Brief

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Parties

Samuel Kwame Beddu

Plaintiff

Paapa Beddu Nkrumah

Plaintiff

Francisca Deede Beddu Nkrumah

Plaintiff

Gloria Beddu

Defendant

Procedural Posture

Contentious Probate / Letters of Administration / Judgment

Legal Issues

  1. 1 Whether the late John Kodzo Beddu was an illiterate and died intestate
  2. 2 Whether the Plaintiffs are entitled to the grant of Letters of Administration in respect of the estate of their father
  3. 3 Whether the Defendant has intermeddled in the estate of the late John Kodzo Beddu

Ratio Decidendi

The purported will of the deceased is invalid as the deceased was an illiterate and there is no evidence the will was read and explained to him as required by law; thus, the estate falls into intestacy and should be administered accordingly. Plaintiffs failed to prove intermeddling by the defendant. Letters of administration are to be granted to Paapa Beddu Nkrumah, Gloria Beddu, and the Registrar of the Court.

Court Disposition

Plaintiffs' relief (a) granted; reliefs (b) and (c) dismissed; no order as to costs.

Orders

  • Exhibit 1 (purported will) declared invalid.
  • Estate of the deceased to be administered as intestate estate.