Ghana Estate Planning

Your Ghana Land Deserves a Will That Works.

If you own land in Ghana and you do not have a will drafted under Ghanaian law, your investment is at risk. Your U.S. will does not protect it. Global Esquire drafts legally enforceable wills for Americans and foreign nationals who own land in Ghana.

What happens without a Ghana will
  • !Your U.S. will does not govern land situated in Ghana
  • !Ghana’s intestacy laws determine who inherits your land — not you
  • !Family members may face years of legal disputes over the property
  • !Land can become legally inaccessible to your intended heirs
  • !The investment you built abroad may not reach the people you intended

Why Your U.S. Will Is Not Enough

01

Ghana law governs Ghana land

Real property is governed by the law of the country where it is situated. Your U.S. will has no authority over land in Ghana. A Ghana-specific will is required to direct how your property passes at death.

02

Intestacy laws may override your wishes

Ghana’s Intestate Succession Law (PNDCL 111) dictates exactly how property is distributed when someone dies without a valid local will. This distribution may not reflect your intentions and cannot be undone after death.

03

Customary land adds complexity

Much of Ghana’s land is held under customary law frameworks. Whether your land is freehold, leasehold, or customary affects how your estate plan must be structured and how succession is administered.

Will & Trust Services for Land in Ghana

Global Esquire provides end-to-end will and trust drafting services for Americans and foreign nationals who own land in Ghana, coordinated across U.S. and Ghanaian legal frameworks.

Ghana Land Will Drafting

We draft wills that comply with Ghana’s Wills Act, 1971 (Act 360) and are designed to be legally enforceable by Ghanaian courts. Your will clearly designates your heirs, specifies your Ghana land, and provides for proper administration of your estate.

Ghana Trust Formation for Land

Where a trust structure is appropriate for your Ghana land, we draft and establish a trust that holds your land interest in compliance with Ghanaian law — designed to avoid probate, protect the asset, and ensure it passes to your intended beneficiaries on your terms.

Will vs. Trust Assessment

We assess your Ghana land holding, its tenure type, your family situation, and your estate planning goals to advise on whether a will, a trust, or a combination of both is the right structure — before any documents are drafted.

Cross-Border Estate Coordination

We coordinate your Ghana estate planning documents with your existing U.S. will or trust to ensure both documents work together without conflict so your global estate passes as a unified whole rather than creating competing legal claims across jurisdictions.

Leasehold & Customary Land Review

We review the nature of your Ghana land interest — freehold, leasehold, or customary — and structure your will or trust to properly address how that interest transfers, including any renewal rights and conditions attached to the land.

Ghana Probate Guidance

We provide high-level guidance on Ghana’s probate process so your heirs understand what steps will be required to administer your estate after death — whether your estate passes through a will or a trust structure.

Ghana Inheritance Law for Foreign Nationals

Ghana’s Wills Act, 1971 (Act 360) governs the formal requirements for a valid will in Ghana. A will must be in writing, signed by the testator, and witnessed by two independent witnesses who are present at the same time. Failure to meet these requirements can render a will invalid under Ghanaian law regardless of whether it is valid in another country.

Ghana’s Intestate Succession Law (PNDCL 111) determines how property is distributed when a person dies without a valid will. Under this law, the spouse, children, and extended family may all have legally defined claims to the estate. For foreign nationals, this can result in distributions that bear no resemblance to their actual wishes.

Ghana recognizes trust structures under its common law framework. A trust can hold Ghana land outside of the probate process, allowing for more efficient transfer to your beneficiaries. However, any trust holding Ghana land must be properly constituted and the land interest must be registered in the trust’s name with the Lands Commission. A U.S. trust does not automatically govern Ghana land.

Land tenure in Ghana is complex. Ghana recognizes freehold, leasehold, and customary land interests, each governed by different legal frameworks. Non-citizens are generally limited to leasehold interests of up to 50 years. The type of interest you hold directly affects whether a will or a trust is the more appropriate instrument for your situation.

Key legal frameworks
  • Wills Act, 1971 (Act 360) — formal requirements for a valid Ghana will
  • Intestate Succession Law (PNDCL 111) — governs estates without a valid will
  • Trustee Act — governs trust formation and administration in Ghana
  • Administration of Estates Act (Cap 63) — probate and estate administration
  • Lands Commission Act, 2008 (Act 767) — land registration and tenure
  • Land Act, 2020 (Act 1036) — consolidation of Ghana’s land laws
  • Ghana Right of Abode framework — diaspora land ownership considerations

Frequently Asked Questions

Should I use a will or a trust for my Ghana land?
For most Americans with a single Ghana land holding, a will is the right and sufficient instrument. A trust becomes worth considering if you want to avoid probate entirely, own multiple parcels of land in Ghana, or want ongoing management of the land after your death. We will advise on the right approach based on your specific situation during your consultation.
Does my U.S. will or trust protect my Ghana land?
No. Neither your U.S. will nor your U.S. trust automatically governs land situated in Ghana. Real property is governed by the law of the country where it is located. A Ghana-specific will that meets the requirements of Ghana’s Wills Act — or a trust properly constituted under Ghanaian law — is required to protect your land.
What happens to my Ghana land if I die without a will or trust?
If you die without a valid will or trust structure, your Ghana land will be distributed according to Ghana’s Intestate Succession Law (PNDCL 111). This may result in distributions that do not reflect your wishes, family disputes over the property, and significant delays in transferring the land. In some cases, land can become effectively inaccessible to your intended heirs for years.
Can an American own land in Ghana?
Non-citizens of Ghana can hold leasehold interests in Ghanaian land for up to 50 years and may hold interests through various legal structures. The type of ownership interest you hold — freehold, leasehold, or customary — affects how the property is treated in your estate plan and how it transfers at death. Members of the African diaspora may also hold land through Ghana’s Right of Abode program.
How does Global Esquire coordinate Ghana estate planning with my existing U.S. plan?
We review your existing U.S. estate planning documents and draft your Ghana will or trust to work alongside them rather than creating conflicts. This includes ensuring that your Ghana documents do not inadvertently affect your U.S. plan and that both clearly define the scope of assets each governs. The goal is a unified global estate plan that functions seamlessly across both jurisdictions.
How do I get started?
Book a consultation with our team. During the consultation we will review your Ghana land holding, your existing estate plan if any, and your intended heirs — and advise on whether a will, a trust, or both is the right structure. Please complete the intake form and upload any relevant land documents at least 48 hours before your appointment.

Who Inherits Your Land in Ghana Should Be Your Choice.

Book a consultation with our team today. We will review your Ghana land holding and advise on whether a will, a trust, or a combination of both is the right structure for your situation.

This page is provided for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Consult a licensed attorney for advice specific to your situation. © 2026 Global Esquire. All rights reserved.