How many witnesses does a New Brunswick will need?

A formal typed will needs two witnesses who sign in your presence and who are not beneficiaries or their spouses. A holograph will written entirely by hand needs no witnesses.

How much are probate fees in New Brunswick?

They are graduated: small fixed fees for modest estates, rising to $5 per $1,000 (0.5%) of value for estates over $20,000, with no upper cap.

What is the minimum age to make a will in New Brunswick?

Generally 19, with limited exceptions for married people and armed-forces members. You must also have the mental capacity to make a will.

Can a spouse be left out of a New Brunswick will?

They can be named out, but under the Provision for Dependants Act a spouse or child left without adequate support can ask the court to vary the will, and a surviving spouse may also claim marital property.

Making a Will in New Brunswick: What You Need to Know

New Brunswick sets its own requirements for a valid will and administers estates through its Probate Court. Probate fees are based on the value of the estate, so understanding the rules helps you plan. This is general information, not legal advice — consult a lawyer in your province.

What makes a will valid in New Brunswick?

Under New Brunswick's Wills Act you must be at least 19 (with limited exceptions) and have testamentary capacity. A formal will must be in writing, signed by you, and witnessed by two people who sign in your presence.

New Brunswick recognizes holograph wills written entirely in your own handwriting and signed, without witnesses. Witnesses to a formal will should not be beneficiaries or their spouses, because witnessing can invalidate the gift.

Can a court validate a flawed will?

New Brunswick's Wills Act gives the court a power to order that a document be fully effective as a will, despite a defect in execution, if the court is satisfied it embodies the deceased's testamentary intentions.

This curative power is a backstop. The reliable approach is to follow the signing and witnessing rules precisely so the estate can be probated without litigation.

How does probate work in New Brunswick?

Probate is handled by the Probate Court of New Brunswick, which issues letters probate or, where there is no will, letters of administration. The grant confirms the personal representative's authority to gather and distribute assets.

New Brunswick charges probate fees on a graduated scale: small fixed fees for modest estates, rising to $5 per $1,000 (0.5%) on estates over $20,000. There is no upper cap, so large estates pay proportionally more.

Who can claim against a New Brunswick estate?

Under the Provision for Dependants Act, a spouse or child who is not adequately provided for can apply to the court for additional provision out of the estate, and the court can adjust the distribution accordingly.

New Brunswick's Marital Property Act can also give a surviving spouse a claim to a share of marital property, which is settled before the remaining estate is distributed under the will.

Can you make a New Brunswick will online?

Yes. A will made with a reputable online service is valid in New Brunswick as long as it is printed, signed, and witnessed according to the Wills Act. Validity comes from capacity and proper execution, not the drafting tool.

iFinallyWill produces New Brunswick-specific wills and powers of attorney online, with province-correct signing instructions, lifetime updates, and a money-back guarantee. For complex estates, also consult a lawyer.

Frequently asked questions

How many witnesses does a New Brunswick will need?: A formal typed will needs two witnesses who sign in your presence and who are not beneficiaries or their spouses. A holograph will written entirely by hand needs no witnesses.
How much are probate fees in New Brunswick?: They are graduated: small fixed fees for modest estates, rising to $5 per $1,000 (0.5%) of value for estates over $20,000, with no upper cap.
What is the minimum age to make a will in New Brunswick?: Generally 19, with limited exceptions for married people and armed-forces members. You must also have the mental capacity to make a will.
Can a spouse be left out of a New Brunswick will?: They can be named out, but under the Provision for Dependants Act a spouse or child left without adequate support can ask the court to vary the will, and a surviving spouse may also claim marital property.