What Happens If You Die Without a Will in New Brunswick?

Dying without a valid will is called dying intestate, and in New Brunswick the Devolution of Estates Act steps in and divides your estate according to a fixed formula — regardless of what you would have wanted.

How the formula works

In short, without a will, the Devolution of Estates Act and Marital Property Act split your estate: your spouse first receives their marital-property share, then any remainder is divided among spouse and children under the intestacy rules.

More precisely: 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.

If you have no spouse and no children, your estate passes up the family tree — parents first, then siblings, then more distant relatives. If no relative can be found within the statutory degree, your estate ultimately escheats to the Crown.

Common-law partners in New Brunswick

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.

What intestacy can't do

• It can't name a guardian for your minor children — the court will decide.
• It can't leave anything to a friend, godchild, or charity.
• It can't fund a trust for a disabled beneficiary (risking loss of disability benefits).
• It can't choose your executor — the court appoints an administrator, often a relative who has to apply.

The hidden costs

Intestate estates often cost more: someone has to apply for letters of administration (with a bond in many cases), heirs need to be located, and family disputes are more common. A simple will avoids almost all of this.

Frequently asked questions

Who inherits if I die without a will in New Brunswick? the Devolution of Estates Act decides — first your spouse and children, then parents, siblings, and more distant relatives. Does my common-law partner inherit in New Brunswick? No — only married or registered partners inherit on intestacy here. Does the government take my estate in New Brunswick? Only if no relative can be found within the statutory limits. How can I avoid intestacy in New Brunswick? Make a valid will — even a short one — and review it every few years.

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