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Private Legal Practitioner, Albert Gyamfi, says Ghana’s laws prohibits beneficiaries mentioned in a will or otherwise from interfering, using or administering the property of the deceased till it has been distributed by an executor or administrator.
He mentioned that PNDC Law 111, Section 17, criminalises any activity by a person that “seeks to remove, destroy or otherwise interfere with the property of the deceased person.”
Speaking on JoyNews’ The Law, he emphasized on the fact that the use of the phrase ‘otherwise unlawfully interferes’ while it criminalises the using or interference of a deceased’ property by non-beneficiaries, it also prevents beneficiaries from doing same prior to distribution.
“Now these words are very broad terminologies that can be interpreted broadly. Particularly the generic term, ‘otherwise unlawfully interferes’. Now if you are not an executor, you’re not an administrator, you’re not a beneficiary; you have no right to interfere with the property of the deceased.
“Now if you’re a beneficiary, you have no right to interfere with the property of the deceased before distribution. So clearly, if you look at or you should interpret the word ‘otherwise unlawfully interferes’ it includes using, dealing, administering the property of the deceased,” he explained.
