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 IMPORTANT: the old "Advance Health Care Directives Act" is REPEALED (2020).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.

What laws govern wills and powers of attorney in New Brunswick?

In New Brunswick, wills are governed by the Wills Act, R.S.N.B. 1973, c. W-9, and powers of attorney for property by the Enduring Powers of Attorney Act, S.N.B. 2019, c. 30 (in force July 1, 2020). Each section on this page links to the official source.

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Wills & Power of Attorney: New Brunswick

This page is the free New Brunswick guide. No sign-in. Read on, or take the checklist as a PDF.

Facts checked September 2026 · See what changed · How we check

Province-specific rules for New Brunswick: will requirements (age 19, holograph valid), 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.

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Part 1: Will
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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).
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2
Part 2: Power of Attorney for Property
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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)
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3
Part 3: Personal-Care / Health-Care Directive
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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)
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If you go the do-it-yourself route, a template service such as LawDepot's personal directive walks you through the questions; the witnessing rules above still apply.
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4
When to see a lawyer in New Brunswick
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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.
Keep it with the rest. This one files behind tab 7 of the Home File.
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.
Where Everything Is: the non-legal companion to a will and powers of attorney →
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5
Common questions: New Brunswick
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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.
What laws govern wills and powers of attorney in New Brunswick?
In New Brunswick, wills are governed by the Wills Act, R.S.N.B. 1973, c. W-9, and powers of attorney for property by the Enduring Powers of Attorney Act, S.N.B. 2019, c. 30 (in force July 1, 2020). Each section on this page links to the official source.
Wills & POA guides for other provinces
ON: Ontario BC: British Columbia AB: Alberta SK: Saskatchewan MB: Manitoba QC: Quebec NS: Nova Scotia PE: Prince Edward Island NL: Newfoundland & Labrador
Facts checked September 2026
Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer
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Informational guide only. Guidepost is not a law firm. This guide explains the typical process and is not legal advice. Requirements can change. Verify current rules with the relevant government authority or a qualified professional before you act.