Estate Of John Kwabena Ofosu-afriyie(jofa) [2023] GHACC 471 (10 February 2023)
Withdrawal of a will from court custody does not constitute revocation under Section 9 of Act 360; the will remains valid and the deceased died testate, making the grant of letters of administration improper.
- Citation
- [2023] GHACC 471
- Parties
- Applicant: Mavis Oparebea Hoyle; Applicant: Theresa Naana Afriyie; Applicant: Michael Afriyie; Caveator: Jude Ofosu-Afriyie
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 10 February 2023
- Procedural Posture
- Probate / Ruling on Caveat Against Grant of Letters of Administration
- Outcome
- grant of letters of administration rescinded
- Legal Topics
- Revocation of Will, Grant of Letters of Administration, Testate Succession
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mavis Oparebea Hoyle
Applicant
Theresa Naana Afriyie
Applicant
Michael Afriyie
Applicant
Jude Ofosu-Afriyie
Caveator
Procedural Posture
Probate / Ruling on Caveat Against Grant of Letters of Administration
Legal Issues
- 1 Whether the withdrawal of a will from court custody amounts to revocation under the Wills Act, 1971 (Act 360)
- 2 Whether the grant of letters of administration was proper in light of the existence of a will
Ratio Decidendi
Withdrawal of a will from court custody does not constitute revocation under Section 9 of Act 360; the will remains valid and the deceased died testate, making the grant of letters of administration improper.
Court Disposition
grant of letters of administration rescinded
Orders
- The 29th August 2022 grant of letters of administration is rescinded.
- Parties to proceed in accordance with law.
Full Case Text
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