Does Your Spouse Inherit Everything If You Die Without a Will in New Brunswick?

The short answer: only if you have no descendants. New Brunswick's intestacy rules under the Devolution of Estates Act split the estate between your spouse and your children when both exist.

Spouse only — no descendants

If you die without a will and leave a spouse but no children or grandchildren, your spouse inherits the entire estate.

Spouse and descendants

This is where it gets divided. In New Brunswick, the surviving spouse takes their marital-property entitlement first, then shares the rest with the children — one-half if there is one child, one-third if more than one.

The preferential share is marital property (no statutory cash preferential share) — there is no fixed preferential share off the top.

Common-law partners

New Brunswick does not recognize common-law partners as spouses for intestacy. Without a will, a common-law partner inherits nothing on intestacy and must rely on dependent-relief claims.

A blended-family trap

If your "children" include children from a previous relationship and the current spouse isn't their parent, intestacy can leave the surviving spouse short on cash (a home, but no liquid funds) and the kids holding fractional shares of the family home — exactly the recipe for disputes. Wills exist precisely to handle this.

What overrides intestacy

• A valid will (always first choice).
• Beneficiary designations on RRSPs, RRIFs, TFSAs, life insurance and pensions — these pass outside the estate.
• Jointly owned property with right of survivorship — passes to the survivor.
• Family-property and dependent-relief legislation — a spouse, or in some cases a common-law partner or dependent child, can apply to vary the result.

Frequently asked questions

Does my spouse get everything if I die without a will in New Brunswick? Only if there are no children or grandchildren. What is the preferential share in New Brunswick? marital property (no statutory cash preferential share)('.', '.') Do common-law partners inherit in New Brunswick? No — only married or registered partners inherit on intestacy here. How do I make sure my spouse inherits everything? Make a will saying so — and coordinate beneficiary designations and joint ownership.

Not legal advice. General information about New Brunswick law as of 2026. Confirm specifics with a New Brunswick estate lawyer.