FREDERICK OWONA ODAME VS JANET ODAME & ORS

Her Ladyship Justice Sarah Aryee of the High Court adjudicated a probate dispute concerning the late Daniel Kwaku Odame, a 90-year-old who died in December 2016, leaving a widow and sixteen children. A High Court search revealed three wills (2011, 2015, 2016). After the reading of the 2016 will, Odame’s child sued, seeking declarations of intestacy and invalidity, while the widow counterclaimed that the 2015 will was the valid last will. Applying section 2 of the Wills Act, the court held the 2016 will invalid because PW1 and PW2 signed when the testator was absent, a fact admitted by the 1st Defendant and lawyer Abubakari Issah (DW1). The 2015 will was rejected due to contradictions between pleadings and testimony, DW1’s suspect late deposit and demeanor, and the consistent denial by PW1 and PW2. By contrast, the 2011 will was corroborated and timely deposited. The court ruled that Odame did not die intestate, declared the 2011 will his last will, ordered the executors to obtain probate and distribute accordingly, and directed parties to account, with alternative relief if executors are deceased.