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Prempeh v Agyepong Case Overview

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Questions and Answers

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?

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?

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?

Ensuring the testator's intentions are carried out Signup and view all the answers

In Ghana, what are the two forms of wills mentioned in the text?

Statutory will and customary law will Signup and view all the answers

Why was the respondent appealing the decision?

The court did not consider the failed will as a valid samansiw Signup and view all the answers

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.