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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The formalities of the customary law will
Author:Kludze, A.K.P.ISNI
Periodical:University of Ghana Law Journal
Geographic term:Ghana
Subjects:customary law
family law
Abstract:Among some communities in Ghana, there is a customary law form of will by which a man or woman can make a valid testamentary deposition of his or her self-acquired property. It seems to be an institution found among the matrilineal Akan and it is known by the Akan name of 'samansiw'. In the customary law, the 'samansiw' is not an informal will; it is the formal will known to the indigenous system of jurisprudence, albeit oral. In the opinion of the author, the customary will is not necessarily a deathbed declaration; it may be made by a person while in good health. Sections of the paper: General - The origins of 'samansiw' - The formalities of a customary will: the early Ollennu formulation - The need for publicity - The mode of acceptance - The formalities: the later Ollennu formulation - Criticism by text-writers - The more recent divisions - Recent dicta in the Court of Appeal on formalities - Limitations on testamentary freedom in customary law - Summary law will. Notes, ref.