What Makes a Will Legally Valid in New Brunswick?
Last updated 2026-06 · New Brunswick
In New Brunswick, the Wills Act sets the requirements for a binding will. There are two valid routes — a formal witnessed will or a holograph will — and the age of capacity here is 19.
The New Brunswick validity checklist
For a formal will:
- It's in writing.
- You sign it at the end.
- Two witnesses, present at the same time, watch you sign and then sign themselves.
- You're at least 19 and have testamentary capacity.
For a holograph will: it must be entirely in your own handwriting and signed — no witnesses required.
The witness rule that voids gifts
Witnesses must be capable adults who don't benefit (and aren't married to a beneficiary). A gift to a witness is generally void while the will stands. Use neutral witnesses.
Capacity and the age-19 point
New Brunswick's age of majority is 19, so a valid formal will generally requires you to be at least 19. You must also understand what you own, who may have a claim, and what the will does.
Substantial compliance
New Brunswick's courts have a power to validate documents that don't meet every formality where satisfied they reflect the deceased's testamentary intentions. As always, it's a backstop — using it means a court application and added cost.
Common mistakes
- A beneficiary (or their spouse) witnessing.
- Not signing at the end.
- Witnesses not present together.
- A "holograph" that's partly typed — it must be entirely handwritten.
- No alternate executor or residue clause.
- A lost original; probate generally needs it.
Frequently asked questions
Who can witness a will in New Brunswick? Any capable adult who isn't a beneficiary or the spouse of one. Can a beneficiary witness a will in New Brunswick? They can, but it generally voids their gift — so don't allow it. How many witnesses does a will need in New Brunswick? Two, present together — unless it's a fully handwritten holograph will. Does a will have to be notarized to be valid in New Brunswick? No; notarization isn't a validity requirement.
Not legal advice. General information about New Brunswick law as of 2026. Confirm specifics with a New Brunswick estate lawyer.
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