How to make a legal will in New Brunswick

The governing statute, who has to watch you sign, and what happens to your estate if you die without one.

Key takeaways

Governing statute: Wills Act, R.S.N.B. 1973, c. W-9
Minimum age to make a will: 19
Witnessing rule: 2 witnesses required, present at the same time as you sign.
Handwritten (holographic) wills: New Brunswick does not have a general "handwritten will" exception. The Wills Act, R.S.N.B. 1973, c. W-9 normally requires a will to be signed in the presence of 2 witnesses to be valid. A properly witnessed will is the safer, standard route here.

What makes a will legal in New Brunswick

A will in New Brunswick is governed by the Wills Act, R.S.N.B. 1973, c. W-9. To be valid, the testator must be at least 19 years old, sign the document, and have that signature witnessed by 2 witnesses (each at least 19) who are present at the same time and are not beneficiaries under the will. A will does not need to be notarized. Signing and witnessing correctly is what makes a will legal, not who drafted it.

If you die without a will

If you die without a will in New Brunswick, the Devolution of Estates Act, R.S.N.B. 1973, c. D-9 decides who inherits, not you. Your spouse and children split your estate by a fixed formula (a spouse doesn't automatically get everything if you have children from another relationship), other relatives may be entitled to a share if you have no spouse or children, and an estate with no eligible relatives passes to His Majesty the King in right of New Brunswick. A will lets you choose your own beneficiaries instead.

Your options

In New Brunswick you generally have four routes to a will: an online generator like I'M DEAD (fast, free to preview, province-specific, you still print and sign in person); a lawyer (highest cost, best for complex estates); a paper will kit (cheap but generic, easy to get New Brunswick-specific rules wrong); or a fully handwritten will (risky here: see the holographic-validity note above). For a typical estate, an online will plus correct in-person signing covers most people's needs.

Online will generator (like I'M DEAD): Fast, province-specific, free to preview. You still print and sign in person.
A lawyer: Highest cost, best for complex estates, trusts, or a contested family situation.
A paper will kit: Cheap but generic, and easy to get the rules where you live wrong.
A fully handwritten will: Risky without a general holographic-will exception. See the note below.

Power of attorney terminology

Financial decisions: Enduring Power of Attorney for Property. The person you appoint is called your Attorney for Property, under the Enduring Powers of Attorney Act, S.N.B. 2019, c. 30.
Health & personal care: Enduring Power of Attorney for Personal Care. The person you appoint is called your Attorney for Personal Care, under the Enduring Powers of Attorney Act, S.N.B. 2019, c. 30.