Rev. Paul Akrofie v. Mrs. Kate Serwaa Jonah and Anor

This High Court case concerns a family dispute over the validity of the 30 May 2008 will of the late Major Alice Ama Oye Akrofie. Rev. Paul Akrofie sued his cousin, Kate Serwah Jonah, and his aunt, Emma Dogor, alleging that Jonah orchestrated a fraudulent will and forged the testatrix’s signature at a time when the testatrix suffered dementia. Defendants denied fraud and forgery, contending that attorney Joyce Kafui Ayer prepared the will at the testatrix’s instruction and that it was duly executed before witnesses Juliana Kwatchey Johnson and Cynthia Odei; they asserted dementia began after 2011. The court rejected Akrofie’s claim of customary adoption, found—on medical evidence from 37 Military Hospital—that the testatrix had capacity in 2008, but held the will invalid for improper execution under Section 2 of the Wills Act because the testatrix did not sign or acknowledge her signature in the simultaneous presence of both witnesses. The will was declared invalid and ordered canceled; no costs were awarded.