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Government can 'seize' state properties in Wills – Lawyer advises

Justice Abdulai R44 Justice Abdulai

Tue, 24 May 2022 Source: www.ghanaweb.com

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Justice Abdulai, a private legal practitioner, has stated that it is unlawful for any person to Will a property that does not belong to them.

According to him, the fact that a person’s name appears in a Will does not mean the properties bequeathed will indeed go to him or her.

Abdulai explained in a TV3 interview, Monday, May 23, that it is when it is legally verified that the property indeed belongs to the deceased that the named persons in a will can be rightful beneficiaries.

He said anybody at all can will any property to his surviving family and friends but this requires verification by established authorities regarding ownership.

Justice Abudai's comment comes after the wide circulation on social media of the supposed Will of the late former Chief Executive Officer (CEO) of the Forestry Commission, Kwadwo Owusu Afriyie, popularly known as Sir John, who died on July 1, 2020.

“Indeed, the state has every right to intervene to identify whether or not any portions of its land has been the subject of a private Will,” he said.

The law lecturer also added that the “state can always take back what rightly belongs to it.”

He said usually it will be unlawful for any person to Will a property that does not belong to them.

“The fact that the person has captured TV3 as part of his will does not mean he owns TV3,” he cited, emphasising that when all is said and done, those portions for the state can be taken off.

“In other words, the beneficiaries will lose those portions,” he stressed.

Background

Page 5 of Sir John's Last Will, available to GhanaWeb, states that the late CEO of the Forestry Commission together with one Charles Owusu, have already secured parts of the Achimota Forest lands.

Sir John per the document confirmed owning portions of Achimota Forest land and that he gives his portion to his nephews, Michael Owusu, Yaw Boadu and Kwabena Amoateng, forever.

"I give my land also situate at Achimota Forest in the name of Fasoh Limited and measuring 0.987 acres to my nephews Michael Owusu, Yaw Boadu and Kwabena Amoateng, forever.

"I jointly own a piece of land at Achimota Forest with Charles Owusu, upon my demise, my portion of the said land should be given to Ruth Korkor Odonkor.

"I give my portion of the land that I jointly own at the Achimota Forest in the name of DML Limited to Elizabeth Asare Boateng who at the time of making this Will is domiciled in the USA, forever," portions of Sir John's will read.

Source: www.ghanaweb.com
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