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Questions and Answers
What are the essentials of a valid samansiw according to the court's ruling?
What are the essentials of a valid samansiw according to the court's ruling?
- Joint ownership, mental health assessment, and written approval by family
- Inheritance by family members, mental stability, and self-signing
- Self-acquired ownership, sanity of the testator, and attestation by witnesses (correct)
- Public registration, written consent from heirs, and government approval
What was the appellant's initial claim regarding the house?
What was the appellant's initial claim regarding the house?
- She wanted it to be turned into a public space
- She denied any ownership of the house
- She requested it to be sold and proceeds divided equally
- She claimed it as her personal property (correct)
What did the trial court decide regarding the house in question?
What did the trial court decide regarding the house in question?
- Though the house was the deceased's personal property, the failed will constituted a valid samansiw (correct)
- The house had to be auctioned off to settle debts
- The house should be confiscated by the state
- The house should be given to the appellant unconditionally
What is highlighted as the cardinal principle in the construction of wills?
What is highlighted as the cardinal principle in the construction of wills?
In Ghana, what are the two forms of wills mentioned in the text?
In Ghana, what are the two forms of wills mentioned in the text?
Why was the respondent appealing the decision?
Why was the respondent appealing the decision?
Study Notes
Essentials of a Valid Samansiw
- Essential elements include intention, clarity, and proper execution as determined by court rulings.
- Documents must be specific to the testator's wishes with clear descriptions of beneficiaries.
Appellant's Initial Claim Regarding the House
- The appellant claimed ownership of a house, asserting rights based on prior ownership or agreements.
Trial Court's Decision on the House
- The trial court ruled against the appellant, denying their claim to the house based on presented evidence and legal standards.
Cardinal Principle in Construction of Wills
- The cardinal principle emphasizes the testator's intent, ensuring that the will reflects the true wishes of the deceased.
Forms of Wills in Ghana
- The two forms of wills recognized are:
- Holographic wills, which are handwritten and signed by the testator.
- Formal wills, which are drafted and executed according to legal requirements.
Respondent's Reason for Appealing
- The respondent appealed the trial court's decision, likely seeking to overturn or review the ruling due to perceived errors in law or fact.
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Description
Learn about the legal case of Prempeh v Agyepong, where the deceased sought to make a will but it was not finalized before his death. The appellant claimed the disputed house as her own, while the respondent, the customary successor, sued for a declaration of rights.
