Under New Brunswick law, handwritten (or holograph) wills and will kits are valid testamentary instruments so long as they meet the requirements set out in the Wills Act, RSNB 1973.
In this post, we’ll break down the risks of DIY wills, what the law says, and how a lawyer – who can spot what you might miss – can help ensure nothing is overlooked and your will reflects your true intentions.
Why Will Kits and Handwritten (Holograph) Wills Often Fall Short in New Brunswick
Will kits are often marketed as convenient and affordable. But most aren’t created with New Brunswick’s wills and estates laws in mind and rarely account for the unique complexities of your life and family.
This can be particularly risky if:
- You’ve been married more than once or have a blended family
- You have dependent children or a child with a disability
- You own a business, family cottage, or shared property
- You’ve gone through a divorce or separation
- You want to include a common-law spouse
The same risks apply to handwritten (holograph) wills. Without legal advice, it’s easy to miss essential legal requirements or overlook key provisions such as what should happen to the residue of your estate.
Common problems with DIY wills include:
- Improper signing or witnessing
- Vague or confusing language that leaves your wishes open to interpretation
- Missing important details, like naming an executor or addressing what happens if a beneficiary dies before you
DIY wills often invite court intervention and cost your estate thousands in legal fees.
In Tyndall v. Noyes, 2025 ONSC 1512, the court had to interpret a homemade will kit that left the deceased’s common-law spouse a life interest in their shared home. Conflicting provisions in the will created uncertainty about the nature of the life estate. As a result, litigation followed over who could live in the home, who was responsible for expenses, and whether other occupants could be evicted.
Some will kits also fail to explain how to properly sign your will. For example, if a witness is also beneficiary, their gift will be void under section 12(1) of the Wills Act – a rule confirmed in Sutherland v. Sutherland Estate, 2015 NBQB 202.
The High Cost of Dying Without a Valid Will
To be valid in New Brunswick, a will must comply with the requirements set out in the Wills Act, supra.
A DIY will might be found invalid – either in whole or in part. If that happens, your estate (or the invalid portion) will be distributed according to New Brunswick’s intestacy laws.
This means:
- Your estate must go through probate, a legal process that validates the estate and appoints an administrator, usually a family member who applies, or in some cases, a financial institution.
- Your assets are distributed under the Devolution of Estates Act, RSNB 1973, c D-9. Only certain family members are entitled to inherit – unmarried (common-law) partners are not currently included.
- The process often results in delays, increased legal costs, and potential family conflict due to the absence of clear instructions.
In the Estate of Ronald Paul Duguay, 2019 NBQB 293, the court was asked to determine the validity of two competing documents allegedly representing the will of the deceased. The first, dated February 26, 2016, was a handwritten note listing “items I want to be in my will,” which the court found lacked the necessary testamentary intent and did not qualify as a valid holograph will. The second, dated July 18, 2016, was not written by the deceased himself – he dictated it to someone else, and it was only signed in front of one witness. The court applied Section 35.1 of the Wills Act to cure the execution defect and deemed it a valid will. However, because it failed to dispose of the entire estate, an intestacy arose with respect to the residue.
For more information, see our Blog Post: What Happens if Someone Dies Without a Will in New Brunswick?
Let’s Get it Right – Together
If you live in Fredericton, Moncton, Saint John, or anywhere else in New Brunswick, our legal team is here to help you create a will that reflects your wishes.
We make the process straightforward, supportive, and tailored to your unique circumstances.
Contact us to learn more about our estate planning services.
Don’t let uncertainty be part of your legacy. Your family deserves clarity, not conflict.
