His Lordship, Justice Alexander Osei Tutu, a High Court Judge, has stated that claiming a deceased person's property only through a will is insufficient.
Despite the fact that a will clearly states who should be in charge of a deceased person's possessions, he claims that the beneficiaries cannot immediately claim ownership of the assets mentioned in the will.
In an interview with Samson Lardy Anyenini on The Law on Sunday, the legal practitioner highlighted that, in addition to the will, there are additional conditions that must be met in order for a person to receive complete ownership of property left to him or her by a deceased person.
"It's not enough to state that my father left me a house and that he's dead; I'm going after the house." The law states that when the will is written, you must go to court to get what is known as 'probate.'
The executor will be granted probate by the court. After then, the executor, who will step in and oversee the estate's administration, will need to create a document called a vesting asset for you. The property will be legally acknowledged in your name as of that date," he emphasized.
While addressing on the topic "Essential Themes in Land Law II: How to Acquire and Secure a Land," Justice Osei Tutu shared this perspective.
He also denounced the behavior of certain individuals storming construction sites to demand a "digging fee" from property developers during the negotiations.
Such requests, according to the Judge, are not legal, and so individuals who make them are breaking the law.
"There are rights related to the law, but they are implied." The grantor is supposed to offer the grantee tranquil enjoyment of the property, which is one of the implicit covenants provided by the law. That you will not disrupt the individual or his occupation of the land throughout the time he will be on the land.
"So, after alienating the land to a grantee, I don't think the grantor has the ability to come around and say, 'I'm asking this and that from you.'" It is, in my opinion, unlawful," he stated.
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