It is illegal for anybody to Will a property that does not belong to them, according to Justice Abdulai, a private legal practitioner.
According to him, just because a person's name appears in a Would does not indicate that the bequeathed possessions will belong to that person.
In a TV3 interview on Monday, May 23, Abdulai noted that the listed beneficiaries in a will can be lawful beneficiaries only when it is legally proved that the property belongs to the dead.
He claims that anybody can leave any property to his surviving relatives and friends, but that ownership must be verified by recognized authorities.
The late former Chief Executive Officer (CEO) of the Forestry Commission, Kwadwo Owusu Afriyie, better known as Sir John, died on July 1, 2020, and his claimed Will has been widely circulated on social media.
"In fact, the state has every authority to interfere in order to determine if any sections of its land have been the subject of a private Will," he stated.
"The state may always take back what rightfully belongs to it," the legal expert continued.
He stated that it is normally illegal for somebody to leave a property that does not belong to them in their Will. "The fact that the individual has captured TV3 as part of his will does not imply he owns TV3," he explained, adding that once everything is said and done, the pieces for the state can be removed.
He emphasized, "In other words, the recipients will forfeit those percentages."
Background
The late CEO of the Forestry Commission, together with one Charles Owusu, had already acquired sections of the Achimota Forest lands, according to page 5 of Sir John's Last Will, which is available to GhanaWeb.
Sir John affirmed in the paper that he owns sections of the Achimota Forest and that he will donate his share to his nephews Michael Owusu, Yaw Boadu, and Kwabena Amoateng in perpetuity.
"I also gift my nephews Michael Owusu, Yaw Boadu, and Kwabena Amoateng my land in Achimota Forest, which is owned by Fasoh Limited and measures 0.987 acres.
"I own a plot of property in Achimota Forest with Charles Owusu, and my share of the land should be bequeathed to Ruth Korkor Odonkor upon my death.
"I bequeath my half of the land that I jointly possess in the Achimota Forest in the name of DML Limited to Elizabeth Asare Boateng, who is domiciled in the United States at the time of making this Testament, forever," reads part of Sir John's will.