[1992]DLCA4243 • November 19, 1992 • Court of Appeal
KYERE AND ANOTHER vs. FORSTER AND ANOTHER
Kwesi Awere Kyere, deceased, wrote a document purporting to be his last will on 13 November 1980 and died five days later. Probate was granted to one executor named in the document, A A Forster. The deceased's father and widow challenged the validity of the will, claiming it did not comply with the Wills Act 1971 (Act 360), particularly regarding attestation and signature requirements. The High Court declared the will invalid, and the executor appealed.
read moreADJABENG JA. On 5 November 1992, we dismissed the 2nd defendant-appellant’s appeal and reserved our reasons. We now give the reasons for so deciding. On 13 November 1980, Kwesi Awere-Kyere, now deceased, wrote down and signed what he thought was his last will. A few days later, that is, on 18 November 1980, he died. Probate of the alleged will was granted to one of the executors named therein, A A Forster, on 13 April 1981. The father of the deceased, Opanin Kwesi Kyere, and the deceased’s widow, Rose Awere-Kyere, who was married under the Marriage Ordinance, however, thought that the document in respect of which probate had been granted was in law not a will. They, therefore, took action at the High Court, Accra, to challenge the validity of the alleged will. They took the action not only against the grantee of the probate, A A Forster, but also against Juliana Nkansah, who claimed to be a wife of the deceased and who was living with the deceased in the matrimonial home at the ti...