Kumasi: Former Attorney General and Minister of Justice Betty Mould-Iddrisu has urged aspiring lawyers to treat statutes as only a starting point, warning that the realities of legal practice often lie in interpretation, negotiation, and evolving social norms. Speaking at the Ghana School of Law during SRC Week in Kumasi, the former Attorney General emphasized that the most significant developments in Ghana's family and succession law have come not from parliament but the courts.
According to Ghana Web, Mould-Iddrisu pointed to family and succession law as a clear example of this gap, where Ghana's plural legal system-combining customary law, statute, and constitutional principles-often produces tensions. Key rulings by the Supreme Court of Ghana, including Mensah v Mensah and Arthur v Arthur, have reshaped how marital property is treated, recognizing non-financial contributions such as childcare and domestic work. More recent decisions, such as Sarpong v Sarpong, suggest a shift toward a stricter interpretation of ownership and contribution, highlighting what she described as the uncertainty created by the absence of comprehensive legislation.
At the center of this evolving framework is PNDCL 111, which sought to protect spouses and children but continues to generate disputes, particularly over shared ownership of matrimonial homes. In practice, Mould-Iddrisu noted that succession disputes often begin not in courtrooms but during funeral arrangements, where questions of legitimacy, inheritance, and control quickly surface. The challenge is compounded by multiple forms of marriage (customary, statutory, and foreign), undocumented relationships, and expanding family structures, exposing a widening gap between Ghana's legal framework and modern social life.
While often viewed as private matters, family and succession disputes carry wider economic consequences. Unclear property rights and prolonged litigation can delay asset transfers, reduce economic productivity, discourage investment in jointly acquired property, and increase legal costs for families already under financial strain. At a broader level, uncertainty in inheritance systems can weaken confidence in property ownership, affecting credit access, housing, and wealth accumulation. For women, evolving judicial interpretations have had mixed effects: while earlier rulings expanded access to marital property, recent decisions suggest a more cautious approach, potentially reintroducing vulnerability in certain cases.
Against this backdrop, Mould-Iddrisu urged students to develop skills beyond litigation. 'Many family disputes are resolved not by court judgments but by carefully negotiated settlements,' she said, emphasizing negotiation and mediation as essential tools. Lawyers often operate in emotionally charged environments where legal strategy must be balanced with sensitivity. Her lecture also renewed calls for the long-delayed Property Rights of Spouses legislation, which is expected to bring greater clarity and consistency to marital property disputes. Until then, Ghana's legal system will continue to rely heavily on judicial interpretation-what she described as the 'living law'.
Her closing message was simple: law is ultimately about people. 'Behind every succession case lies a family navigating grief, loss, and uncertainty.'