Agyei & Anor Vrs Sakyi [2021] GHASC 125 (1 December 2021)

Agyei & Anor Vrs Sakyi [2021] GHASC 125 (1 December 2021)

The Appellant, as propounder and executor of the will, failed to discharge the burden of proof that the will was validly executed in accordance with the Wills Act. The evidence of the attesting witnesses was inconsistent and unreliable, and the forensic report indicated the signature was not authentic. The court found the will to be a forgery, fraudulently procured, and not the handiwork of the deceased. The appeal was dismissed and the estate ordered to be distributed under the Intestate Succession Law.

Citation
[2021] GHASC 125
Parties
Plaintiff/respondent: Lawrence Agyei; Plaintiff/respondent: Maame Adwoa Asiamah; Defendant/appellant: Bernard Opoku Sakyi (alias Nana Kwesi)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
1 December 2021
Procedural Posture
Civil Appeal / Final Appeal (supreme Court Judgment)
Outcome
appeal dismissed
Legal Topics
Validity of Wills, Burden of Proof, Forgery, Intestate Succession, Probate Procedure
Source Language
English
Succession Law Probate Evidence Law Validity of Wills Burden of Proof Forgery Intestate Succession Probate Procedure

Case Brief

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Parties

Lawrence Agyei

Plaintiff/respondent

Maame Adwoa Asiamah

Plaintiff/respondent

Bernard Opoku Sakyi (alias Nana Kwesi)

Defendant/appellant

Procedural Posture

Civil Appeal / Final Appeal (supreme Court Judgment)

Legal Issues

  1. 1 Whether the purported will of Fred Opoku Sakyi was validly executed in accordance with the Wills Act, 1971 (Act 360)
  2. 2 Whether the burden of proof was discharged by the propounder of the will
  3. 3 Whether the will was a forgery and fraudulently procured

Ratio Decidendi

The Appellant, as propounder and executor of the will, failed to discharge the burden of proof that the will was validly executed in accordance with the Wills Act. The evidence of the attesting witnesses was inconsistent and unreliable, and the forensic report indicated the signature was not authentic. The court found the will to be a forgery, fraudulently procured, and not the handiwork of the deceased. The appeal was dismissed and the estate ordered to be distributed under the Intestate Succession Law.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal affirmed
  • Alleged will set aside as invalid and fraudulent