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Find a Lawyer » Canada Legal Guides » New Brunswick Legal Guides » Wills & Estate Planning New Brunswick » Making a Will & Power of Attorney New Brunswick
📝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…
💼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…
👪In New Brunswick, you can name a guardian for your minor children in your Last Will and Testament. However, this appointment is generally temporary; the named guardian must formally apply…
💰In New Brunswick, you cannot simply write a spouse or dependent child out of your will if they rely on you for financial support. Under the Provision for Dependants Act,…
🔒In New Brunswick, the safest place to store your original will is typically in the fireproof vault of the law firm that drafted it, or in a personal safety deposit…
💡In New Brunswick, a legally executed written will does not have an expiration date. It remains valid indefinitely until you formally revoke it, physically destroy it, or replace it with…
📝Under New Brunswick law, a holograph will is valid if it is written entirely in your own handwriting and signed by you. Unlike a standard typed will, a holograph will…
🗑To legally revoke an old will in New Brunswick, you must either safely create a new will containing a clear “revocation clause,” or physically destroy the original document (such as…
⚠️If you die without a will in New Brunswick, you die “intestate.” Your assets will be automatically distributed according to the Devolution of Estates Act. While a legally married spouse…
💡To legally assign an Enduring Power of Attorney for property in New Brunswick, you must draft a written document naming a trusted person to manage your finances. You must sign…
🧠To activate a “springing” Enduring Power of Attorney in New Brunswick, you must formally prove that the person has lost mental capacity. This typically requires obtaining a written medical declaration…
💡If your appointed representative is misusing your funds in New Brunswick, you must immediately revoke their Power of Attorney in writing and notify your bank. If the victim has already…
💡In New Brunswick, your will must be signed in the physical presence of two independent adult witnesses. Crucially, anyone who is a beneficiary in the will, or the spouse of…
✍️A codicil is a legal document used to make minor amendments to an existing will, such as changing your executor or updating a specific cash gift. In New Brunswick, a…
🎯 Specialization: Residential Real Estate, Wills and Probate, General Legal Advice
🗣️ Languages: English
📍 Address: 703 Brunswick St, Fredericton, New Brunswick
🎯 Specialization: Real Estate, Family Law, Wills and Estates
🗣️ Languages: English
📍 Address: 403 Regent St, Fredericton, New Brunswick
🏢 Est: 1972
🎯 Specialization: Real Estate, Family Law, Wills and Estates, Property Transactions, Divorce
🗣️ Languages: English
📍 Address: 403 Regent Street, Fredericton, New Brunswick
🎯 Specialization: Civil Litigation, Municipal Law, Employment Law, Personal Injury, Wills and Estates
🗣️ Languages: English, French
📍 Address: 77 Vaughan Harvey Blvd, Moncton, New Brunswick
🎯 Specialization: Business Law, Labour and Employment, Litigation
🗣️ Languages: English, French
📍 Address: 570 Queen St, Fredericton, New Brunswick
🏢 Est: 1859
🎯 Specialization: Real Estate, Residential Purchases, New Construction, Refinancing, Wills and Estates
🗣️ Languages: English
📍 Address: 380 Smythe St, Fredericton, New Brunswick
🏢 Est: 2015
🎯 Specialization: Civil Litigation, Corporate Law, Family Law, Real Estate Transactions
🗣️ Languages: English
📍 Address: 197 Main St, Fredericton, New Brunswick
🏢 Est: 1969
🎯 Specialization: Residential Real Estate, Collaborative Family Law, Small Business Incorporation, Estate Planning
🗣️ Languages: English
📍 Address: 170 Highfield St, Moncton, New Brunswick
🏢 Est: 1982
🎯 Specialization: Real Estate, Wills and Estates, Insurance Claims, Civil Litigation, Family Law
🗣️ Languages: English
📍 Address: 468 Bowlen St, Fredericton, New Brunswick
🎯 Specialization: Real Estate Law, Wills and Estates, Corporate Law, Property Migration
🗣️ Languages: English
📍 Address: 364 Springhill Road, Fredericton, New Brunswick
📅 Appt. Recommended
⚙️ Services: Birth Certificates, Marriage Certificates, Death Certificates, Change of Name Certificates
📍 230 Hilton Rd, Fredericton, New Brunswick
📅 Appt. Recommended
⚙️ Services: Driver Licenses, Vehicle Registrations, Birth Certificates, Marriage Licenses, Death Certificates, Land Titles,…
📍 770 Main St, Moncton, New Brunswick
📅 Appt. Recommended
⚙️ Services: Birth Certificates, Marriage Licenses, Death Certificates, Land Grants, Court Records, Adoption Records
📍 23 Dineen Dr, Fredericton, New Brunswick
📅 Appt. Recommended
⚙️ Services: Driver Licenses, Vehicle Registrations, Health Cards, Hunting Licenses, Birth Certificate Applications
📍 435 Brookside Dr, Fredericton, New Brunswick
Welcome to the New Brunswick Making a Will & Power of Attorney guide centre. Here you will find comprehensive resources covering everything from drafting your last will to appointing a substitute decision-maker, based on current provincial regulations.
Creating a will and establishing a power of attorney are essential steps to secure your legacy and protect your personal well-being in New Brunswick. These documents outline exactly how your property should be distributed and who will manage your affairs if you become incapacitated. Under current provincial legislation, clearly detailing your wishes prevents unnecessary confusion and conflict for your loved ones.
A last will and testament only takes effect after you pass away, whereas a power of attorney protects you while you are still alive. Without these crucial legal tools, critical decisions about your healthcare, finances, and children could be left in the hands of the government. Properly drafted documents ensure you remain in control of your life choices, regardless of what the future holds.
While the creation of these documents is a private matter, they are strictly governed by New Brunswick’s Wills Act and the Enduring Powers of Attorney Act. If a dispute arises regarding the validity of a will or the actions of a designated representative, the matter is handled by the Court of King’s Bench of New Brunswick. The Probate Court, a specialized division of this higher court, is responsible for legally recognizing the final will after someone passes away.
Other local entities also interact with your estate and personal directives. For instance, Service New Brunswick manages the land registry, which is vital when property ownership needs to be transferred or managed by your representative. Additionally, regional health authorities like the Horizon Health Network or Vitalité Health Network will rely on your medical directives and appointed decision-makers if you are hospitalized and unable to communicate your wishes.
The rules surrounding testamentary capacity, proper witnessing, and precise legal wording are strict, making do-it-yourself kits incredibly risky. We strongly advise against attempting to draft these crucial documents on your own without professional guidance. Mistakes in drafting can completely invalidate your will or power of attorney, leaving your family with expensive legal battles and immense stress during an already difficult time.
Retaining an experienced lawyer ensures that your documents reflect your exact wishes and comply with all provincial requirements. A legal professional can also help you navigate complex tax implications and unique family situations. You can find a list of relevant local lawyers and government agencies at the top of this page.
To be legally valid, a formal will must be in writing, signed by the person making it (the testator), and signed in the presence of two witnesses. Both witnesses must be present at the exact same time and should not be named as beneficiaries in the document, as this could void their inheritance.
A power of attorney for property allows someone to manage your finances, pay your bills, and handle real estate on your behalf. A power of attorney for personal care (sometimes called a healthcare directive) appoints someone to make medical decisions, choose your housing, and direct your healthcare if you lose the capacity to do so.
In New Brunswick, you must generally be at least 19 years old, which is the age of majority, to create a valid will. However, there are notable exceptions for individuals under 19 who are legally married or currently serving in the Canadian Armed Forces.
Yes, as long as you still have the mental capacity to understand your actions, you can revoke or change your power of attorney at any time. It is highly recommended to do this in writing and immediately inform your appointed representative, your financial institutions, and any relevant healthcare providers.
In New Brunswick, getting married automatically revokes an existing will unless the document explicitly states it was made in contemplation of that specific marriage. A divorce does not automatically cancel your entire will, but it revokes any gifts made to your former spouse and removes them as an appointed executor.
Legal fees can vary based on the complexity of your assets and family situation. Many lawyers in New Brunswick offer a flat-rate package for drafting a simple will and standard powers of attorney, which can range from a few hundred to over a thousand dollars for more comprehensive estate planning services.
