Wills Act overhaul clarifies estate rules

Summary#

Bill 13 would make broad changes to New Brunswick’s Wills Act, which sets rules for making and interpreting wills. It would update rules about witnesses, former spouses and common-law partners, unclear gifts, debts tied to property, and older common-law legal presumptions. The bill appears intended to make wills clearer and better reflect a person’s stated wishes.

The bill was introduced for first reading on October 28, 2025. It would not take effect immediately. The government would set the start date by proclamation.

• A person aged 16 or older with mental capacity could make, change, or revoke a will.
• A beneficiary, executor, or their spouse or common-law partner could witness a will. However, a gift to that witness or their spouse or common-law partner would usually be void unless an exception applies.
• Courts could consider evidence about the testator’s circumstances and intentions when interpreting a will, even if the will is not clearly ambiguous.
• Gifts and appointments benefiting a former spouse or common-law partner would generally be revoked after divorce, marriage annulment, or certain forms of separation, unless the will or an agreement says otherwise.
• If a beneficiary dies or a gift cannot take effect, the property would follow a set order of distribution, unless the will shows a different intention.
• The bill would repeal several older rules and replace outdated language, including rules about children born outside marriage and property bought with secured debt.

The source material includes the original bill as tabled in HTML and PDF form. It does not identify any later amendment or adopted amendment.

What it means for you#

• People making wills: Anyone aged 16 or older with the required mental capacity could make, change, or revoke a will. The bill would not invalidate a will that was properly made before the new rules start.

• Beneficiaries and witnesses: A person who receives a gift under a will could act as a witness. But the gift would normally be void against that person and their spouse or common-law partner. A court could preserve the gift if the testator intended it and there was no undue influence (improper pressure).

• Executors and professional fees: An executor who witnesses a will could still receive executor compensation, including professional fees.

• Former spouses: After a divorce or marriage annulment, gifts and appointments for a former spouse would generally be treated as revoked. Similar rules would apply after certain separations, including a two-year period of living apart or a formal agreement, court proceeding, or property division.

• Former common-law partners: Gifts and appointments for a former common-law partner would generally be revoked after the relationship permanently ends or other listed separation conditions are met. The bill defines a common-law partner as someone who has lived continuously in a conjugal relationship for at least two years without being married to that person.

• Families of deceased beneficiaries: If a beneficiary dies before the testator, the gift would generally go first to an alternate beneficiary, then in some cases to the deceased beneficiary’s descendants, residuary beneficiaries (people receiving what remains of the estate), or the estate under intestacy rules.

• People with property debts: Unless the will says otherwise, a person receiving property bought or improved with a registered purchase-money security interest would generally be responsible for the related debt to the extent it relates to that property.

• People receiving lifetime gifts: A substantial gift to a child during the testator’s lifetime would not automatically be treated as an advance on that child’s inheritance. Similar presumptions about repaying debts or cancelling gifts would also be removed unless the will says otherwise.

• Court proceedings: Estate disputes could involve more evidence about the testator’s words, circumstances, and intentions. The bill does not set out how much these proceedings would cost.

Expenses#

No publicly available information.

• The bill does not include a fiscal estimate or identify direct government spending.
• It could increase court or legal costs in some estate disputes because courts would be allowed to consider broader evidence about a testator’s intentions.
• People may face legal costs if they apply to preserve a gift to a witness or seek an extension of the six-month deadline for making that application.
• Executors, beneficiaries, and families may need legal advice to understand how the new rules apply to existing wills.
• The bill does not identify new fees, fines, or penalties.

Proponents' View#

No specific statements from supporters were supplied.

Possible arguments based on the bill’s design include:

• The bill could make the law easier to apply by bringing several rules into one updated structure.
• Allowing courts to consider the testator’s circumstances and intentions could help resolve disputes over unclear wording.
• The rules for former spouses and common-law partners could reduce the chance that an outdated will benefits someone after a relationship has ended.
• The rules for failed gifts could provide a clearer way to distribute property when a beneficiary dies or cannot receive the gift.
• Replacing outdated rules and language could make the Act more consistent with current family relationships and property arrangements.

Opponents' View#

No specific statements from opponents were supplied.

Possible concerns based on the bill’s design include:

• Broader evidence about a testator’s intentions could lead to more court disputes and higher legal costs.
• The rules about separation may be difficult to apply, especially when couples disagree about when a relationship ended or whether their affairs were finalized.
• A former spouse or common-law partner could lose a gift or appointment under the will without a new will being signed, unless the will or another agreement clearly provides otherwise.
• The bill gives courts power to preserve gifts to witnesses, but the process may require an application within six months of death. The bill does not explain the likely cost or complexity of that process.
• The bill applies many changes to wills of people who die after the new rules start, even if those wills were made earlier. This may make it important for people to review existing wills.
• The bill does not include details about expected court, legal, or administrative costs.