Proposed amendments to Wills Act intended to reflect today’s families and realities

The government is proposing changes to the Wills Act to modernize the law and ensure it better reflects the needs of New Brunswickers.

Release

Department of Justice and Public Safety

October 28, 2025

FREDERICTON (GNB) – The government is proposing changes to the Wills Act to modernize the law and ensure it better reflects the needs of New Brunswickers.

“The proposed amendments to the Wills Act make the law clearer, fairer and easier to understand,” said Justice Minister and Attorney General Robert McKee. “They will help people plan with confidence, knowing their wishes will be respected and their families will be protected.”

McKee said the changes, if passed, would address parts of the legislation that no longer reflect modern family structures or current realities. The proposed changes are:

  • Common-law partners would be treated the same as married spouses.
  • The minimum age to make a will would be lowered to 16 from 19, allowing young people with assets to plan for the future.
  • A judge could allow a gift to someone who witnessed the will if it is clearly what the person intended and there was no undue influence.
  • A single rule would determine what happens if a gift in a will cannot take effect.
  • Getting married would no longer potentially revoke an existing will.
  • When a relationship ends, or when spouses separate, any gift to a former or separated spouse or former partner would be revoked unless the will or an agreement states otherwise.
  • Judges would have more flexibility to consider additional information to interpret what someone meant in his or her will.
  • Older legal rules that caused confusion would be removed to make the law clearer.
  • The same rule that applies to land with a mortgage would apply to other property, such as vehicles, ensuring fairness and consistency.

McKee said these are practical, common-sense changes that reflect how people live today, while protecting their ability to make clear and thoughtful decisions about their estates.

“I encourage all eligible New Brunswickers to make a will or review their existing one,” said McKee. “Having a will provides peace of mind for you and your loved ones. It’s one of the simplest ways to make sure your wishes are respected.”

Information on how to make a will is available online.

Related topics

Family, home and community

Media Contact(s)

Jade Emmanuel, communications, Department of Justice and Public Safety, [email protected].