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 to protect their shared assets, a comprehensive “mirror will” package generally ranges from $800 to $1,500 CAD.
Preparing a Last Will and Testament is one of the most critical steps you can take to protect your family’s future in New Brunswick. Whether you own a modern condominium in Moncton, a historic family home in Fredericton, or a rural property near Miramichi, having a legally binding document ensures your estate is divided exactly as you wish.
If you pass away without a will, you are considered to have died “intestate.” 🔍 Under New Brunswick law, the province will divide your property according to a strict legal formula, which may not align with your personal wishes. This can leave your surviving family members facing a long, expensive, and stressful process in the Court of King’s Bench to settle your affairs. Hiring a local lawyer ensures your will is valid and your loved ones are protected.
Step-by-Step Process in New Brunswick
Drafting a will is much more than simply writing down who gets your house or your savings account. It is a structured legal process that requires careful planning and attention to provincial laws.
Step 1: Inventory Your Assets and Debts
Before meeting with a law firm, you should make a comprehensive list of everything you own and owe. This includes your real estate in New Brunswick, bank accounts, investment portfolios, life insurance policies, and any outstanding loans. 💵 Having this information organized saves time during your legal consultation and ensures no major asset is left out of the final document.
Step 2: Choose a Reliable Executor
Your executor is the person responsible for carrying out the instructions in your will. They will need to pay your final taxes to the CRA, clear your debts, and distribute the remaining assets to your beneficiaries. It is generally recommended to name a trusted family member or friend who is organized and financially responsible, along with at least one backup executor just in case.
Step 3: Consult with a Local Law Firm
Schedule a meeting with a lawyer who focuses on estate planning. During this consultation, the lawyer will discuss your family dynamics, any potential claims for spousal support, and your specific wishes for your property. 🗂 They will also ask about your plans for minor children, helping you legally appoint guardians to care for them if both parents pass away unexpectedly.
Step 4: Drafting and Reviewing the Will
Based on your instructions, the legal team will draft your Last Will and Testament using proper Canadian legal terminology. You will be provided with a draft copy to review carefully. You must ensure that all names are spelled correctly and that the distribution of your assets reflects your exact intentions.
Step 5: Formal Execution and Witnessing
In New Brunswick, a formal will must be signed in writing at the very end of the document. You can sign it in the physical presence of two adult witnesses, or virtually via video conference (remote witnessing) as long as at least one of your witnesses is a practicing member of the Law Society of New Brunswick. 🖊 To prevent future legal challenges, your lawyer will typically draft an Affidavit of Execution, where one of the witnesses swears before a notary public or commissioner of oaths that they saw you sign the will voluntarily.
How Much Does it Cost in New Brunswick?
The cost of drafting a will depends entirely on the complexity of your estate and whether you are setting up trusts for minor children or disabled dependents.
| Service / Document Type | Estimated Cost (CAD) |
|---|---|
| Standard Individual Will | $400 – $800 |
| Mirror Wills for a Couple | $800 – $1,500 |
| Complex Will (Corporate assets, trusts) | $1,500 – $3,000+ |
| Complete Estate Package (Will + PoAs) | $1,000 – $2,000 (per couple) |
While DIY online will kits can cost as little as $50 CAD, they often miss crucial provincial nuances, which can lead to expensive litigation for your heirs later on. 💰
How Long Does the Process Take?
Working with a standard New Brunswick law firm, the entire process of gathering your information, drafting the document, and signing the final copy generally takes about 2 to 4 weeks. If you have a highly complex business structure or require specialized tax planning, the drafting phase may extend to a few months.
Frequently Asked Questions (FAQ)
Is a handwritten (holographic) will legal in New Brunswick?
Yes. A holographic will is entirely handwritten by the person making it (the testator) and signed at the end. It does not require witnesses. However, they are highly prone to legal challenges and errors, so lawyers rarely recommend them.
Do I have to register my will with the provincial government?
No. New Brunswick does not have a mandatory provincial registry for wills. You should store your original document in a fireproof safe, a bank safety deposit box, or the secure vault of your law firm, and tell your executor exactly where it is.
Can a beneficiary also be a witness to my will?
Traditionally, if a beneficiary (or their spouse) witnessed a will in New Brunswick, their gift was considered void. However, under modern amendments (Bill 13), the court now has the authority to validate such a gift if it is satisfied that the bequest represents the testator’s true intentions and was free from coercion or undue influence. Still, to avoid legal hurdles, it is best to use independent witnesses.
How often should I update my Last Will and Testament?
You should review your will every 3 to 5 years. You must absolutely update it after major life events, such as marriage, divorce, the birth of a child, the death of an executor, or purchasing significant real estate.
Does getting married cancel my existing will?
No, under modern New Brunswick legislation (including Bill 13), marriage no longer revokes an existing will under any circumstances. However, if your relationship ends through divorce, common-law breakup, or a continuous separation of at least two years, any gifts or executor appointments to your former partner are automatically revoked unless a contrary intention is expressed in the will or a separation agreement.
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