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 beneficiary, must never act as a witness, or they will completely lose their right to inherit anything.
Drafting your Last Will and Testament is a major step in securing your family’s future, but all that careful planning can be instantly destroyed by a simple signing error. In New Brunswick, the law requires strict formalities to prove that a will is legitimate and that you were not secretly forced into signing it by someone trying to steal your estate.
The most important rule revolves around who physically watches you sign the document. Using the wrong people as witnesses is the number one reason wills are challenged or partially invalidated in the Court of King’s Bench. In this guide, we will explain exactly who can and cannot legally act as a witness to your will, ensuring your final wishes are fully respected and legally binding.
Step-by-Step Process for a Legal Signing
The rules for executing a will in this province are governed by the New Brunswick Wills Act. Whether you are signing your document in a law office in Fredericton or at your kitchen table in Edmundston, the procedure must be followed perfectly.
Step 1: Understand the Basic Witness Requirements
First and foremost, your witnesses must be legal adults (at least 18 years old in New Brunswick) and they must have the mental capacity to understand what they are witnessing . They do not need to read the contents of your will or know how much money you have; they simply need to watch you physically sign the paper and confirm that you appear to be doing it voluntarily.
Step 2: Exclude Beneficiaries and Their Spouses
This is the most critical step. A witness must be entirely independent. If someone is named to inherit anything in your will (a beneficiary), they cannot be a witness. Even worse, the legally married spouse of a beneficiary is also strictly banned from witnessing. If your daughter is inheriting your house, and her husband signs as a witness, the will itself remains valid, but your daughter’s inheritance is automatically legally voided.
Step 3: Gather Everyone in the Same Room
Under traditional New Brunswick law, you and both of your witnesses must be physically present in the exact same room at the exact same time. You cannot sign it alone, take it to your neighbour’s house for a signature, and then mail it to a second friend. You must sign the document while both witnesses are actively watching, and then both witnesses must immediately sign the document while you watch them.
Step 4: Execute the Affidavit of Execution
After the will is signed, one of the two witnesses should immediately sign an “Affidavit of Execution” in front of a Notary Public or a Commissioner of Oaths. This sworn document proves to the probate court that the proper signing procedure was followed. Without this affidavit, the court will have to track down your witnesses after you die, which is incredibly difficult if decades have passed.
Who Makes a Good Witness?
Choosing the right people makes the eventual probate process much smoother for your grieving family. Here is a quick guide to who you should ask:
| Potential Witness | Are They a Good Choice? |
|---|---|
| Law Office Staff | Excellent. If you hire a lawyer, their paralegals or receptionists usually act as witnesses. They are completely independent and easy to locate later. |
| A Trusted Neighbour or Co-worker | Good. As long as they are not receiving any money or property in the will, independent friends or neighbours are perfectly legal witnesses. |
| Your Appointed Executor | Risky. An executor can legally be a witness, but only if they are not also receiving a gift in the will. It is generally safer to choose someone else. |
How Much Does it Cost in New Brunswick?
Gathering witnesses and officially swearing the required documents is usually a very affordable part of the estate planning process:
- Witness Fees: Having friends or neighbours act as witnesses is entirely free.
- Notarizing the Affidavit: If you draft a DIY will, you will need to pay a Notary Public or lawyer to commission the Affidavit of Execution for one of the witnesses. This generally costs between $50 CAD and $150 CAD.
- Law Firm Execution: If you paid a New Brunswick lawyer to draft your will (usually $400 CAD to $800 CAD), the cost of providing office staff as witnesses and commissioning the affidavit is almost always included in the flat package price.
How Long Does the Process Take?
The actual signing ceremony is incredibly brief. Once all three people (you and the two witnesses) are gathered in the same room, signing the pages and initialing the margins usually takes less than 15 minutes. Completing the Affidavit of Execution with a notary adds another 10 to 15 minutes to the total process.
Frequently Asked Questions (FAQ)
What happens if a beneficiary accidentally signs as a witness?
In New Brunswick, if a beneficiary (or their spouse) signs as a witness, the will does not get thrown out, but the specific gift intended for that beneficiary becomes legally void. The money or property will then be distributed to the other beneficiaries or pass through the rules of intestacy, which is a disastrous result.
Do witnesses need to read my will?
No, absolutely not. Your witnesses do not need to know the contents of your estate, how much money you have, or who you are giving it to. They are only there to verify your identity and confirm that you signed the document without physical force or obvious confusion.
Can I sign my will electronically over Zoom?
While emergency measures during the past pandemic temporarily allowed virtual witnessing in some parts of Canada, standard estate law strongly prefers physical “wet” signatures. To ensure your will is absolutely bulletproof in April 2026, you should sign it in the physical presence of your witnesses.
Does a holograph (handwritten) will need witnesses?
In New Brunswick, a holograph will is a document written 100% in your own handwriting and signed by you. Technically, a completely handwritten will does not require witnesses. However, holograph wills are highly prone to legal errors and are heavily scrutinized by the Court of King’s Bench, making them very risky.
Leave a Reply