JUDGMENT
KULENDI JSC:-
INTRODUCTION:
This is an appeal against the concurrent judgment of the Court of Appeal, Cape Coast dated 29th day of January, 2020by which judgment the Court of Appeal affirmed the judgment of the High Court invalidating a purported Last Will and Testament of Fred Opoku Sakyi (deceased). The Appellant invokes the jurisdiction of this Court pursuant to a Notice of Appeal filed on 1st April, 2020.
BACKGROUND:
The biblical aphorism of Ecclesiastes 9: 5, to wit “the living know that they will die, but the dead know not anything...” perhaps, sums up the reason why people make wills and the elaborate legal processes put in place to regulate inheritance or succession. When one dies, one literally loses control or grip of everything they owned, laboured for and saved to accumulate, be they cars, houses, or bank accounts. The law allows a certain amount of postmortem control where the dead’s hand rules from beyond the grave at least to a point through a will. Squabbles over …