New Brunswick has modernized its Wills Act through Bill 13 – An Act to Amend the Wills Act. In this post, we’ll break down the key changes and what they mean for you in New Brunswick.
How Wills Are Interpreted: Emphasis on Your Wishes
Judges now have more flexibility to consider additional information to interpret what you meant in your will.
Judges can now look at:
- What your words would normally mean, or if they have a special meaning.
- What your personal situation was when you made your will.
- Any direct evidence of what you wanted.
Before, the court had to find “ambiguity” in your will before considering this kind of evidence. Now, they can look at your intentions right away under New Brunswick law.
Changes to Your Will When Your Relationship Ends
Under the new law, if your relationship ends – whether through divorce, annulment, separation, or a common-law breakup – any gift you left to your former partner is automatically cancelled, unless your will or a legal agreement (like a separation agreement or co-habitation agreement) says otherwise. The same rule applies if you named them as your executor.
These rules now include common-law partners, which is a major change from the old law that only applied to married couples. This update affects many families across New Brunswick.
What Happens if the Person You Planned to Give Something To Dies Before You
The updated law makes it clearer what happens if someone you planned to leave something to in your will dies before you.
Unless your will says otherwise, the gift will be passed on in this order:
- First: To the backup person you named to receive it.
- If there’s no backup: If the person who died was your child, grandchild, or another descendant, their share goes to their children.
- If neither of the above apply: If your backup person has also passed away, the share may go to their children, as long as they are part of your family (a blood relative).
- If none of these apply: The gift goes to the people who are set to receive the rest of your estate.
- Lastly: If there is no one left to receive it, the gift is distributed according to the rules for estates when there is no will.
These updates help clarify estate distribution in New Brunswick. For help updating your will under these changes, see our Wills & Powers of Attorney service.
New Rules on Witnesses
The law says that two people must witness you signing your will.
Under the old rules, if you wanted to give someone a gift in your will, they could not also be a witness.
The new law changes this. Now, in certain situations, a witness can also receive a gift in your will.
The court must be sure that:
- You had capacity – meaning you understood what you were doing and the consequences.
- You were not pressured – meaning you made your decision on your own, without someone forcing or influencing you.
These requirements help ensure your will remains valid under New Brunswick’s Wills Act.
Other Notable Changes:
- You can now make a will once you are 16 years old (previously 19).
- Getting married no longer automatically cancels your existing will.
- If you give your child a gift while you’re alive, the law no longer assumes that gift was meant to reduce what that child gets from your will.
- The new law also clarifies that children born outside of marriage have the same legal rights as children born within marriage.
- If a gift you leave has a debt, and you want your estate to pay it instead of the person getting the gift, your will must state this.
Contact us today to schedule a consultation and keep your estate plan up to date with a New Brunswick estate lawyer.
