ODAME VRS, ODAME (PA/0799/18) [2024] GHAHC 105 (12 February 2024)

ODAME VRS, ODAME (PA/0799/18) [2024] GHAHC 105 (12 February 2024)

The court found that the Will dated 19th April 2016 was invalid as it was not executed in the presence of the testator and witnesses as required by law. The Will dated 21st July 2015 was also declared invalid due to lack of credible evidence of execution and attestation, inconsistencies in the defendants' testimonies, and suspicious circumstances regarding its late deposit. The Will dated 7th August 2011 was found to be validly executed and attested, and thus constitutes the last Will and Testament of the deceased. The deceased did not die intestate.

Citation
ODAME VRS, ODAME (PA/0799/18) [2024] GHAHC 105 (12 February 2024)
Parties
Plaintiff: Frederick Owona Odame; 1st Defendant: Janet Odame; 2nd Defendant: Emmanuel Kwame Danso; 3rd Defendant: Alex Kwaku Osei
Court
ghahc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Probate and Letters of Administration / Final Judgment
Outcome
Plaintiff's claim for intestacy dismissed; court declares the 2011 Will valid and operative; 2015 and 2016 Wills declared invalid.
Legal Topics
Validity of Will, Intestacy, Execution of Will, Revocation of Will, Intermeddling With Estate
Source Language
eng
Succession Probate Wills and Estates Validity of Will Intestacy Execution of Will Revocation of Will Intermeddling With Estate

Case Brief

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Parties

Frederick Owona Odame

Plaintiff

Janet Odame

1st Defendant

Emmanuel Kwame Danso

2nd Defendant

Alex Kwaku Osei

3rd Defendant

Procedural Posture

Probate and Letters of Administration / Final Judgment

Legal Issues

  1. 1 Whether the Will dated 19th April 2016 was validly executed under the Wills Act, 1971 (Act 360)
  2. 2 Whether the Will dated 19th April 2016 revoked the Will dated 21st July 2015
  3. 3 Whether the Will dated 21st July 2015 was validly executed and attested

Ratio Decidendi

The court found that the Will dated 19th April 2016 was invalid as it was not executed in the presence of the testator and witnesses as required by law. The Will dated 21st July 2015 was also declared invalid due to lack of credible evidence of execution and attestation, inconsistencies in the defendants' testimonies, and suspicious circumstances regarding its late deposit. The Will dated 7th August 2011 was found to be validly executed and attested, and thus constitutes the last Will and Testament of the deceased. The deceased did not die intestate.

Court Disposition

Plaintiff's claim for intestacy dismissed; court declares the 2011 Will valid and operative; 2015 and 2016 Wills declared invalid.

Orders

  • The purported Wills dated 21st July 2015 and 19th April 2016 are declared invalid.
  • The Will dated 7th August 2011 is declared the valid last Will and Testament of the deceased.