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Find a Lawyer » Canada Legal Guides » New Brunswick Legal Guides » Wills & Estate Planning New Brunswick
🔍If an executor in New Brunswick cannot locate a named beneficiary, they must conduct a reasonable, documented search. If the person remains missing, the executor must apply to the Court…
💡Adding a spouse or child as a “joint tenant with right of survivorship” to your property title allows the home to bypass the probate process entirely in New Brunswick. The…
💡In New Brunswick, probate fees are based on the total value of the deceased’s estate. For estates valued at $20,000 CAD or less, the fee is a flat $200 CAD.…
🏠To legally transfer real estate to a beneficiary in New Brunswick, the executor must register a new deed with the Service New Brunswick (SNB) Land Registry. You cannot complete this…
📝In New Brunswick, a standard Last Will and Testament drafted by a law firm typically costs between $400 and $800 CAD for an individual. For married or common-law couples looking…
🕑In New Brunswick, there is no formal government registry for a Power of Attorney for Personal Care (often called an Advance Health Care Directive). Therefore, it does not take any…
👤Choosing an executor in New Brunswick requires selecting someone trustworthy and highly organized. They will manage your final taxes with the CRA and navigate the local Probate Court. Selecting a…
🕑Drafting and finalizing a comprehensive estate plan in New Brunswick generally takes between 3 to 6 weeks from your first lawyer meeting to the final signing ceremony. In genuine emergencies,…
💰Setting up a standard family trust (inter vivos trust) in New Brunswick typically costs between $3,000 and $7,000 CAD in initial legal and accounting fees. While the upfront cost is…
💼An estate freeze in New Brunswick generally takes 3 to 6 months to complete. It involves freezing the current value of your corporate shares, allowing future growth to transfer to…
💡A standard estate plan package in New Brunswick typically costs between $500 and $1,200 CAD for an individual, and $800 to $1,500 CAD for a couple. This usually includes your…
💰To minimize probate fees in New Brunswick, you must legally pass assets outside of your estate. Strategies include using Joint Tenancy with Right of Survivorship (JTWROS), designating direct beneficiaries on…
🏘If you gift real estate to your children in New Brunswick, the Canada Revenue Agency (CRA) treats the transfer as a “deemed disposition” at fair market value. Unless the home…
🤝A Charitable Remainder Trust (CRT) allows you to donate an asset (like a property or investment portfolio) to a registered charity today, while legally retaining the right to use it…
🌎To effectively handle international assets in a New Brunswick estate plan, you should generally use a “situs Will” specifically for your foreign property. Since the Canada Revenue Agency (CRA) taxes…
💵Managing a testamentary trust under the New Brunswick Trustees Act requires acting in the absolute best interests of the beneficiaries. You must prudently invest the trust funds, file annual T3…
💼Preparing an Enduring Power of Attorney (EPA) with a New Brunswick law firm generally costs between $300 and $600 CAD if drafted as a standalone document. However, if you bundle…
💵Before distributing an estate in New Brunswick, the executor must obtain a Clearance Certificate from the CRA. This strictly protects you from personal liability for the deceased’s unpaid taxes. You…
⚠️A caveat is a formal legal notice filed at the New Brunswick Probate Court to halt the probate process. If someone files a caveat against your application, you cannot administer…
💡In New Brunswick, once your application is filed, the Court of King’s Bench generally takes 4 to 8 weeks to issue the Letters of Probate. However, the entire process of…
💡If a loved one dies without a will in New Brunswick, you must apply to the Court of King’s Bench for “Letters of Administration.” This grants you the legal authority…
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Welcome to the New Brunswick Wills & Estate Planning guide centre. Here you will find comprehensive resources covering everything from drafting a last will and testament to navigating probate, based on current provincial regulations.
Planning for the future is one of the most important steps you can take to protect your family and your assets. In New Brunswick, wills and estate planning are governed by provincial statutes, including the Wills Act and the Devolution of Estates Act. These laws dictate how your property, finances, and personal belongings are distributed if you pass away with or without a valid will.
A well-structured estate plan goes beyond just a basic will; it also addresses what happens if you become unable to make decisions for yourself. By establishing directives for healthcare and financial management while you are still capable, you can spare your loved ones from unnecessary stress, complex legal hurdles, and potential family disputes during difficult times.
When a person passes away, their estate often needs to be formally validated before assets can be distributed. In New Brunswick, this process is handled by the Probate Court, which operates under the jurisdiction of the Court of King’s Bench of New Brunswick. The Probate Court reviews the will, confirms the appointed executor, and grants letters probate, or issues letters of administration if there is no will.
Local agencies also play a role in estate administration. Services like Service New Brunswick handle property registry changes when real estate is transferred to beneficiaries. Meanwhile, navigating the final tax returns and securing clearance certificates will require interactions with the Canada Revenue Agency (CRA), ensuring all provincial and federal tax obligations are settled.
Estate law is highly specific, and even small errors in drafting a will or setting up a trust can render the documents invalid. We strongly caution against using DIY templates or trying to manage complex probate applications on your own. Retaining a qualified lawyer ensures that your estate plan complies with all New Brunswick regulations and minimizes the risk of future litigation among your beneficiaries.
An experienced estate lawyer can provide peace of mind by guiding your executor through their fiduciary duties and ensuring your final wishes are legally binding. You can find a list of relevant local lawyers and government agencies at the top of this page.
If you pass away without a will, you die intestate. In New Brunswick, the Devolution of Estates Act will determine how your assets are distributed, which typically prioritizes your legal spouse and children. If you have no immediate family, the estate may pass to more distant relatives, or ultimately to the provincial government.
No, a will does not need to be notarized to be legally binding in New Brunswick. However, it must be signed by you in the presence of two witnesses who are both present at the same time, and who also sign the document. Your witnesses should not be beneficiaries or the spouses of beneficiaries.
Probate is the legal process where the Court of King’s Bench validates a will and confirms the executor’s authority. It is not always necessary, especially for smaller estates or when assets are held jointly with a right of survivorship. However, financial institutions and the land registry often require probate before releasing large sums or transferring real estate.
Yes, New Brunswick law recognizes holograph wills. This is a will entirely written in your own handwriting and signed by you. It does not require witnesses. However, holograph wills are prone to errors and ambiguities, which can lead to legal disputes, making professional drafting a safer option.
An enduring power of attorney is a legal document that allows you to appoint someone to manage your financial and legal affairs if you lose the mental capacity to do so yourself. Unlike a standard power of attorney, an enduring one remains valid even after you become incapacitated, ensuring your bills and assets are managed without court intervention.
The cost varies depending on the complexity of your estate and the lawyer’s experience. A simple will and power of attorney package might cost a few hundred dollars, while complex estate plans involving trusts or corporate assets will cost more. Probate fees and executor legal guidance are typically billed hourly or as a percentage of the estate.