ADMINISTRATION OF ESTATES ACT - 1961 (ACT 63)

Section - 19 - Uncertainty as to succession

(1) Whenever

(a) any person dies leaving assets in Ghana and the court is not satisfied that there is any person immediately available who is legally entitled to succession to the assets, or that danger is to be apprehended of misappropriation, deterioration, or waste of the assets before the succession thereto can be determined, or whether the Administrator-General is entitled to a grant of probate or of letters of administration of the estate of the deceased in respect thereof, or

(b) the agent in charge of any assets in Ghana belonging to any person not residing in Ghana or belonging to a company not incorporated in Ghana dies without leaving any responsible person in charge thereof,

the court may, upon the application of the Administrator-General or any person interested in the assets or in the due administration thereof, direct the Administrator-General to collect and take possession of the assets and to hold, posses, realise, and dispose of them according to the direction of the court, and in default of any such directions, to the provisions of this Act so far as applicable to the assets.

(2) Any order of the court made under this section shall entitle the Administrator-General

(a) to maintain any suit or proceedings for the recovery of the assets; and

(b) if he thinks fit to apply for a grant of probate or of letters of administration of the estate of the deceased; and

(c) Subject to section 54 of this Act, to retain out of the assets of the estate any fees chargeable under rules made under this Act and to reimburse himself for all payment made by him in respect of the assets which a private administrator might lawfully have made. [As Substituted by Administration of Estates (Amendment) Law, 1985 (PNDCL 113) s. 1].