[2023]DLHC17190 • February 7, 2023 • High Court
JOSEPH KWESI BADU A.K.A AGYAPA J. K. vs. MR. STEPHEN ADDO, MR. YEBOAH APPIAH
The Applicants filed an Originating Motion Ex Parte for Grant of Probate to administer the estate of the deceased, Joseph Kwesi Badu a.k.a Agyapa J. K. The application was supported by a photocopy of a mortuary receipt from a private medical facility as proof of death and a property declaration form listing assets including a bank account with an 'UNKNOWN' value. The Will of the deceased was exhibited with no dispute as to its validity.
read moreJUDGMENT This is the Judgment of the Court on an Originating Motion Ex Parte for Grant of Probate filed by the Applicants to administer the estate of Joseph Kwesi Baidu A. K. A. Agyapa (deceased). THE LAW ON GRANT OF PROBATE (COMMON FORM) The law pertaining to grant of Probate will be discussed under the following two headings: A) Ascertaining the Statutory prerequisites for the grant of Probate, and B) Affording facility to remedy non-compliance with Statutory prerequisites for the grant of Probate or L. A. A) ASCERTAINING THE STATUTORY PREREQUISITES FOR GRANT OF PROBATE In determining an application for the grant of Probate (Common Form), the Court is required by statute to ascertain the following: (1) The jurisdiction of the Court and every Court with concurrent jurisdiction; (2) The time, place and fact of death of the deceased; (3) The value of the estate of the deceased; (4) Affidavit by the executor(s), as applicant(s), deposing to facts upon which the ...