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Free guide — NB

Wills & Power of Attorney — New Brunswick

Province-specific rules for New Brunswick: will requirements (age 19, holograph valid), the Enduring Power of Attorney, and the Enduring Power of Attorney.

General information only — not legal advice. This guide creates no will, POA, or directive. Laws change; consult a lawyer and verify current rules directly with the official provincial source before acting.

Part 1 — Will

Minimum age

19 years old

New Brunswick's age of majority is 19. A will made by someone under 19 is invalid unless they are married or a member of the armed forces or a sailor (Wills Act s.8).

Witnesses required

2 attesting witnesses present at the same time (s.4). Electronic witnessing via a NB lawyer is permitted (s.4.1).

Holograph (handwritten, no witnesses)

VALID

Valid -- entirely in the testator's handwriting and signed (s.6). No witnesses required.

Curative power (court can fix a flawed will)

YES

Courts have curative power (s.35.1).

Official source

Wills Act, R.S.N.B. 1973, c. W-9

Never have a beneficiary witness your will

A beneficiary's gift is void if the beneficiary or their spouse/partner witnesses the will (s.12).

Part 2 — Power of Attorney for Property

New Brunswick special requirement

Must be executed before a New Brunswick lawyer who provides a capacity certificate. Lay witnesses are not sufficient for the property portion.

Called in New Brunswick

Enduring Power of Attorney (appointing an attorney for property)

The person you appoint is called

attorney for property

Witnessing required

CRITICAL: A power of attorney for property MUST be signed before a New Brunswick lawyer who certifies your capacity (s.4(1)(c)). A two-lay-witness approach is NOT valid for the property portion. This is a distinctive and mandatory NB rule.

Enduring (survives incapacity)

Yes -- survives incapacity (must be drafted as "enduring").

Can be made springing (contingent on incapacity)

Yes -- can take effect only when a triggering event (such as incapacity certified by a doctor) occurs. Discuss with a lawyer.

Official source

Enduring Powers of Attorney Act, S.N.B. 2019, c. 30 (in force July 1, 2020)

Part 3 — Personal-Care / Health-Care Directive

Called in New Brunswick

Enduring Power of Attorney (appointing an attorney for personal care) or Health Care Directive

The person you appoint is called

attorney for personal care

Witnessing required

Personal-care-only appointment: 2 adult (19+) witnesses who are not the attorney or the attorney's spouse/partner/child (s.4(1)(d)). IMPORTANT: the old "Advance Health Care Directives Act" is REPEALED (2020). Do not use "Advance Health Care Directive" or "proxy" for New Brunswick.

Official source

Enduring Powers of Attorney Act, S.N.B. 2019, c. 30 (ss.3(1)(b), 4, 7, 19)

When to see a lawyer in New Brunswick

Making or updating a will: always recommended. A lawyer-drafted will is typically inexpensive relative to estate value.
Any power of attorney for property or personal-care directive -- the person you appoint will have significant authority.
New Brunswick: a property POA legally requires a NB lawyer -- a lawyer is not optional here.
Complex situations: business interests, cross-border assets, blended family, minor children, or capacity concerns.
Verify current rules with a lawyer -- legislation changes and this guide may not reflect the most recent amendments.

Download the New Brunswick checklist

All the instrument names, witnessing rules, and checklist items above in a branded PDF. Free. This checklist does not create any legal document.

Free. General information only -- not legal or regulatory advice.

Next step

Executor Guide — New Brunswick

Named as executor? Probate, CRA TX19, compensation.

When Someone Dies — New Brunswick

Death Certificate, Service Canada, CRA — free checklist.

Common questions — New Brunswick

What is the minimum age to make a will in New Brunswick?
In New Brunswick, the minimum age is 19. New Brunswick's age of majority is 19. A will made by someone under 19 is invalid unless they are married or a member of the armed forces or a sailor (Wills Act s.8).
Is a handwritten (holograph) will valid in New Brunswick?
Valid -- entirely in the testator's handwriting and signed (s.6). No witnesses required.
What is a power of attorney for property called in New Brunswick?
In New Brunswick it is called a "Enduring Power of Attorney (appointing an attorney for property)". The person appointed is the attorney for property. Must be executed before a New Brunswick lawyer who provides a capacity certificate. Lay witnesses are not sufficient for the property portion. Witnessing: CRITICAL: A power of attorney for property MUST be signed before a New Brunswick lawyer who certifies your capacity (s.4(1)(c)). A two-lay-witness approach is NOT valid for the property portion. This is a distinctive and mandatory NB rule.
What is a personal-care directive called in New Brunswick?
In New Brunswick it is called a "Enduring Power of Attorney (appointing an attorney for personal care) or Health Care Directive". The person appointed is the attorney for personal care. Witnessing: Personal-care-only appointment: 2 adult (19+) witnesses who are not the attorney or the attorney's spouse/partner/child (s.4(1)(d)). IMPORTANT: the old "Advance Health Care Directives Act" is REPEALED (2020). Do not use "Advance Health Care Directive" or "proxy" for New Brunswick.

Wills & POA guides for other provinces

ON — OntarioBC — British ColumbiaAB — AlbertaSK — SaskatchewanMB — ManitobaQC — QuebecNS — Nova ScotiaPE — Prince Edward IslandNL — Newfoundland & Labrador

Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer