How to Make a Legal Will in New Brunswick
- 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. Notarization is not required — signing and witnessing correctly is what makes a will legal, not who drafted it.
What happens if you die without a will in New Brunswick
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 for making a will in New Brunswick
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.
Fast, province-specific, free to preview — you still print and sign in person.
Highest cost, best for complex estates, trusts, or a contested family situation.
Cheap but generic — easy to get your province's specific rules wrong.
Risky without a general holographic-will exception — see the note below.
Power of attorney terminology in New Brunswick
Enduring Power of Attorney for Property — the person you appoint is called your Attorney, under the Enduring Powers of Attorney Act, S.N.B. 2019, c. 30.
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.
New Brunswick will FAQ
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Quebec — not supported (civil law is a different system).
Including Yukon, Northwest Territories, and Nunavut — which most online will platforms don't serve.