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Find a Lawyer » Canada Legal Guides » New Brunswick Legal Guides » Wills & Estate Planning New Brunswick » Page 2
💡In New Brunswick, an executor generally has one year from the date of death (known as the “executor’s year”) to gather assets, pay debts, and begin distributions. However, a final…
💡Under New Brunswick law, executors are entitled to “fair and reasonable” compensation for their work. The standard executor fee generally approved by the Court of King’s Bench ranges from 3%…
💡To file for probate in New Brunswick, you must submit a Petition for Letters Probate, the original will, a certified death certificate, an Affidavit of Execution, and a detailed inventory…
💡If you suspect a will is forged or was signed under pressure, you can challenge its validity in New Brunswick. You must file a Notice of Objection at the Probate…
👪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…
💡If an executor in New Brunswick is unreasonably delaying the distribution of an estate, beneficiaries can take legal action. You can demand a formal “passing of accounts” or apply to…
📝As an executor in New Brunswick, you are legally required to file a Terminal Return (T1) with the Canada Revenue Agency (CRA) for the deceased person. Before you distribute any…
💰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,…
💡To pass the accounts of an estate in New Brunswick, an executor must prepare a detailed financial ledger of all income and expenses and present it to the beneficiaries. If…
📝In New Brunswick, finalizing a divorce does not automatically revoke an old will or remove your ex-spouse as a life insurance beneficiary. To legally protect your assets from your former…
🔒To protect your wealth from your beneficiaries’ future creditors in New Brunswick, you should use Testamentary Trusts within your Will and name direct beneficiaries on life insurance policies and RRSPs.…
🔒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…
💡In Canada, you do not personally inherit someone else’s debt. If a loved one in New Brunswick passes away with massive debt, their estate is responsible for paying it. If…
📝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…
💡Creating a Henson Trust protects your disabled child’s inheritance without disqualifying them from provincial disability benefits. Because the trustee has absolute discretion over the funds, the money does not technically…
💻To ensure your executor can access your digital assets in New Brunswick, you must include a specific “Digital Assets Clause” in your Will. Never put passwords directly into your Will;…
⚠️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…
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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.