How to Make a Will

The most common and safest way to make a will is to hire a lawyer to make it for you. However, New Brunswick law does let you make a will without a lawyer.

Your will must follow New Brunswick law. If your will does not follow New Brunswick law, then it can be partly or entirely invalid. Dying without a valid will is called dying intestate. If you die intestate, the law in the Devolution of Estates Act says who will get your property. In that case, your family won’t get a say in how your property is divided. If you want to control what happens to your property, you must create a legally valid will.

Many people use a wills and estates lawyer to make their will. A lawyer can ensure that your will follows New Brunswick law and does what you want it to do. This usually makes it easier for your family to settle your estate.

A lawyer can advise you about:

  • Which things you should and should not include in your will
  • What legal duties you might have to your spouse or dependants
  • How to reduce the taxes you and your beneficiaries will have to pay
  • How to manage your property without using your will
  • Other things you may not have considered

Using a lawyer to make your will should help prevent issues from arising after your death.

Cost

Lawyers will charge a fee for making you a will. Different lawyers charge different fees based on the type of legal service they provide and how long it takes. Before you choose a lawyer, ask them how much they will charge you for a will and how they want you to pay. You can talk to more than one lawyer before you decide who to hire. Many lawyers have a flat fee for wills. You may need to pay for extra expenses on top of their fees, like the cost of long distance telephone calls and photocopies.

Preparing to meet with a lawyer about your will

You can save time and money by preparing in advance for your meeting with your lawyer. Here are some things to bring to your lawyer, if possible:

  1. A list of the full names and addresses of the people you want to leave things to. For your children or grandchildren, also list the year they were born. Note anyone with special needs. If you want to leave something to an organization (for example, a charity), get the full legal name and address of that organization.
  2. A list of all of your property. Include your pensions, insurance, investments, and annuity contracts. You should also list your debts and the location of your bank accounts and other assets, even if you are not sure that these will be covered by your will.
  3. A list with the names and addresses of the people you want to appoint as your executor, trustees, or guardians for your children.
  4. A list of any special wishes that you have. For example, if you want certain items to go to certain people.
  5. A copy of any marriage certificate or separation agreements and information about where you were married.
  6. A copy of your previous will, if you have one.
  7. A list of general instructions about how you want to divide your property.


Meeting with your Lawyer

When you meet with your lawyer, they will ask you questions about your family, your property, and how you would like to distribute your estate.

Your lawyer will draft your will after they have all the information that they need. Your lawyer will ask you to review your will before you sign it. Read it carefully and ask questions if you don’t understand something. This is your chance to make sure that your will says what you want it to say. Tell your lawyer if there are any mistakes or if you want to change anything.

The last step is to sign your will in front of two or more witnesses. Your signature is proof that you approve the will. Witnesses are proof that someone saw you sign your will and that your signature is not a forgery. Witnesses do not need to know what’s in your will. Their only job is to say that they saw your sign your will. Usually your lawyer and someone from their staff will be your witnesses.

Your lawyer will keep a copy of your will in their files. You should keep your will in a safe place and tell your executor where to find it. If they can’t find your will after you die, they can get it from your lawyer.

It is possible to make a will without help from a lawyer. It is important to know that wills are legal documents and must follow New Brunswick law. A will that does not follow the New Brunswick law may be invalid. Dying without a valid will means that you have died intestate.

Making a new will does not automatically revoke an old will. If you want to revoke your old will, you must say so in your new will. Otherwise, the probate court may try to read the two wills together.

Wills Kits and Online Tools

There are many pre-written wills kits and online tools for making wills. They may be available online or in stores. You should consult a lawyer before using one. Each province has different laws about what is and is not a valid will. The kits or tools you buy may not follow New Brunswick law. Your will could be partially or totally invalid if it does not follow New Brunswick Law.

Holograph Wills

A holograph will is a will that is written completely in your own handwriting.  It must be signed at the bottom, and does not need to be witnessed.

Holograph wills must be written by hand. A typed document is not a holograph will and the probate court will generally not accept it.

Holograph wills are less reliable than other kinds of wills. They should only be used in an emergency.