In the matter of the Estate of Heb (Hess) (Deceased) (PA/0816/2023) [2023] GHAHC 384 (3 November 2023)

In the matter of the Estate of Heb (Hess) (Deceased) (PA/0816/2023) [2023] GHAHC 384 (3 November 2023)

There is a substantive dispute as to the caveatrix's capacity as surviving spouse and entitlement to the grant; the application for removal of caveat is refused and the applicants are to issue a writ for determination of entitlement.

Citation
[2023] GHAHC 384
Parties
Applicant: Rudolf Heb; Applicant: Brigitte Kalbacher-Heb; Caveatrix: Cindy Amahada
Court
High Court
Jurisdiction
Ghana
Judgment Date
3 November 2023
Case Number
PA/0816/2023
Procedural Posture
Probate and Administration / Ruling on Application for Removal of Caveat
Outcome
application for removal of caveat dismissed
Legal Topics
Letters of Administration, Caveat Proceedings, Capacity of Surviving Spouse
Source Language
English
Succession Probate and Administration Letters of Administration Caveat Proceedings Capacity of Surviving Spouse

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Parties

Rudolf Heb

Applicant

Brigitte Kalbacher-Heb

Applicant

Cindy Amahada

Caveatrix

Procedural Posture

Probate and Administration / Ruling on Application for Removal of Caveat

Legal Issues

  1. 1 Whether the caveatrix has a legal interest as surviving spouse to entitle her to letters of administration
  2. 2 Whether the caveat should be removed to allow grant of letters of administration

Ratio Decidendi

There is a substantive dispute as to the caveatrix's capacity as surviving spouse and entitlement to the grant; the application for removal of caveat is refused and the applicants are to issue a writ for determination of entitlement.

Court Disposition

application for removal of caveat dismissed

Orders

  • Applicants to issue a writ for determination of entitlement to grant of letters of administration within 14 days
  • No order as to costs