OPANIN YAW OKYERE (DECEASED) v. OPANIN APPENTENG OF THE ESTATE OF AKUA ATTAA & ANOR

J U D G M E N T

BROBBEY JSC:

I have had the benefit of reading in advance the opinion of my learned brother Date-Bah JSC. I agree with his analyses of the facts and the law as well as his interpretation of the law, particularly in respect of the devolution of the state of deceased persons to beneficiaries and devisees before vesting assents are granted

The import of the judgment in this case is this: when a person died testate or intestate, his estate dissolves on the executor or personal representative until vesting assent have been executed to the beneficiaries or devisees; until that granted the beneficiaries and devisees have no …………or locus standi over any portion of the estate.

In the light of the peculiar circumstances that sometimes bedevil the administration of estates in this country, it is felt that some clarification is necessary on the interpretation of the law as given in this judgment so that we may not be taken as interpreting the law to result in absurdity. It is common knowledge that in this country some estates are dissipated by the inaction of the executors or personal representatives. Others go to waste or are lost as a result of the active misuse or abuse of the estate left by deceased persons when executors or personal representatives refuse or fail to attend to duties entrusted to them under estates or selfishly make use of the estate to their benefit or benefit of undeserving others.

If the law is that a beneficiary or devisee has no title to sue or be sued until the grant to him of a vesting assent, what does he do in any of situations postulated above? At equity, such a person should be able to mount an action to protect the estate, or to save it from being dissipated or wasted. The plaintiff in such an action will be acting on the basis of his expectant interest in the estate, not in his capacity as a title holder under a will or grant at customary or statutory law. The plaintiff is such an action may take the advantage to apply to the court to the executor to renounce probate or to appoint another person to administer the estate. It is obvious that in such an action, the lackadaisical or disinterested executor may fail or refuse to participate or mount any opposition. If he does oppose the action, he will put to the necessary inquiries which will not only protect the estate but enable the tribunal, as a court of equity, to give directions on the appropriate management of the estate.

In his capcity as persons with expectan