ADMINISTRATION OF ESTATES ACT - 1961 (ACT 63)

Section - 108 - Interpretation

(1) In this Act, unless the context otherwise requires-

"Administrator-General" includes an Assistant Administrator-General;

"administration" means, with reference to the movable and immovable property of a deceased person, letters of administration, whether general or limited, or with the will annexed or otherwise;

"administrator" means a person to whom administration is granted;

"agent" means an agent of the Administrator-General duly appointed as provided in section 56 of this Act;

"assets" means all property, movable and immovable, of a deceased person which is chargeable with and applicable to the payment of his debts and legacies or available for distribution amongst those entitled to share;

"conveyance" includes a mortgage, charge by way of legal mortgage, lease, assent, vesting, declaration, vesting instrument, disclaimer, release and every other assurance of property or of an interest therein by any instrument, except a will;

"court" means the High Court;

"disposition" includes a conveyance and also a devise, bequest and an appointment of property contained in a will;

"estate" means all property, movable and immovable;

"income" includes rents and profits;

"intestate" includes a person who leaves a will but dies intestate as to some beneficial interest in his movable or immovable property;

"lunatic" includes every person so found under any enactment and every person with regard to whom it is proved to the satisfaction of the court that such person is through mental infirmity arising from disease or age incapable of managing his affairs;

"the Minister" means the Minister to whom functions under this Act are for the time being assigned by the President;

"minority" means, according to the context, the state of being an infant or the interest of an infant beneficiary under a will or intestacy;

"pecuniary legacy" includes an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any other general direction by a testator for the payment of money;

"personal representative" means the executor, original or by representation, or administrator for the time being of a deceased person;

"possession" includes the receipt of rents and profits or the right to receive them, if any;

"prescribed" means prescribed by rules of court or rules made by the Minister pursuant to this Act;

"probate" means the probate of a will;

"probate rules" mean rules and orders made for regulating the procedure and practice of the court in regard to non-contentious or common-form probate business;

"property" includes a thing in action;

"purchaser" means a lessee, mortgagee or other person who in good faith acquires an interest in property for valuable consideration, and an intending purchaser;

"rent" includes any annual or periodical payment in money or money's worth, issuing out of or charged upon land, but does not include mortgage interest;

"representation" means the probate of a will and administration, and "taking out representation" refers to the obtaining of the probate of a will or of the grant of administration;

"residuary estate" means residue as defined in section 18 of the Intestate Succession Law, 1985 (PNDCL 111) [As Substituted by Administration of Estates (Amendment) Law, 1985 (PNDCL 113) s. 11].

"rules of court" include, in relation to non-contentious or common-form probate business, probate rules;

"securities" include stocks, funds, or shares;

"syndic" means a person deputed to represent, and transact the affairs of, a corporation;

"taxing officer" means any Registrar of the court or any officer duly appointed to act for such officer;

"trust corporation" means the Public Trustee or a corporation appointed by the court in any particular case to be a trustee;

"unrepresented estate" means:-

(a) the estate of every person who dies intestate and whose next of kin (or where such next of kin is an infant, his guardian) is unknown or is absent from Ghana without having an attorney therein or, if in Ghana and known, has refused or neglected for a period of one month after the death of the deceased to apply to the court for letters of administration;

(b) the estate of every person who has died having made a will, when owing to any cause it is necessary to appoint an administrator cum testamento annexo or de bonis non of such estate and the person entitled to such letters of administration is unknown or has, if in Ghana and known, refused or neglected for one month after the death of the testator to apply to the court for such letters of administration or is absent from Ghana without having any attorney therein;

(c) every estate whereof the executors or administrator are absent from Ghana without having an attorney therein;

(d) every estate where the deceased has named the Administrator-General as the sole executor of his will;

"valuable consideration" includes marriage, but does not include a nominal consideration in money;

"will" includes codicil.

(2) References to a child or issue living at the death of any person include a child or issue en ventre sa mere at the death.

(3) References to the property of a deceased person include property over which the deceased exercises a general power of appointment by his will.