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And Another One: Epilogue Wills Are Now Available In New Brunswick!

November 3, 2021
Our East Coast expansion is complete. Now, all New Brunswickers can complete their Will online with Epilogue in as little as 20 minutes!
Written By Amanda LevineNovember 3, 2021

Epilogue is thrilled to complete its Canadian expansion by launching its simple, smart, and affordable online Wills in New Brunswick. As a result of this most recent launch, Epilogue’s online Will platform is available to residents of all common law provinces in Canada!

With Epilogue’s best-in-class platform, New Brunswick residents can create their own Wills online in as little as 20 minutes — all from the comfort of their own home and for a fraction of the cost of seeing a lawyer. To get started, head to epiloguewills.com, and follow these three steps:

  1. Complete the online questionnaire
  2. Print your Will
  3. Follow the signing instructions provided with your Will

Have questions? Check out the FAQ below or contact us anytime!

Who is eligible to make their Will online?

A common misconception is that everyone needs a lawyer to make their Will. This is simply not the case. For the majority of Canadians who only need a basic Will, online Wills can be a very affordable and reliable option.

Certain situations, however, do require a visit to a lawyer’s office. For example:

  • You want to exclude a spouse or child from your Will
  • You are in a second marriage with children from a prior relationship
  • You have a family member with a disability who is receiving government benefits
  • You have assets, like real estate, outside of Canada
  • You want to do sophisticated tax planning

How old do I have to be to make a Will in New Brunswick?

The legal age to make a Will in New Brunswick is 19 years old. It’s never too early to make a Will! As we like to say at Epilogue: “the best time to make a Will was yesterday, and the second-best time is today!”.

And as life changes, as it inevitably does, you can log in to your dashboard and make updates for free, anytime.

What happens if I die without a Will in New Brunswick?

If you die without a Will, it’s called dying intestate. Intestacy laws differ from province to province.

According to the intestacy laws in New Brunswick, if you die intestate, here’s what happens depending on your situation:

  • A spouse and no children: The spouse gets everything.
  • A spouse and one child: The surviving spouse receives the deceased’s interest in any “marital property” under New Brunswick’s family law legislation. The remainder of the estate is divided between the surviving spouse and the child (50% each).
  • A spouse and multiple children: Under New Brunswick’s family law, the surviving spouse receives the deceased’s interest in any “marital property.” The remainder of the estate is divided between the surviving spouse (1/3) and the children (2/3).
  • Children but no surviving spouse: Everything is split equally between children. If a child is not alive but has kids of their own who are alive (grandchildren of the person who died intestate), the deceased child’s portion is shared equally among those kids.
  • No living spouse or children: Everything goes to the deceased’s parents (or surviving parent, if there is only one). If the parents aren’t alive, everything is split between the deceased’s siblings (or the children of a sibling who is not alive).

Who will take care of my children if I die?

By default, parents are the legal guardians of their children. If one parent passes away before the other, the surviving parent will often continue as the sole legal guardian.

If the last surviving guardian passes away while their children are still minors, the legal guardian becomes the person appointed in their Will. For most parents, naming a guardian is the main motivation for completing their Will.

Read more about how to appoint a guardian for your minor children here.

What are Powers of Attorney?

Someone’s Will only takes effect once they are no longer alive. However, there are many cases where someone is alive but can no longer make decisions for themselves. This can happen as a result of an accident or due to general cognitive decline that can occur with ageing. This is where Powers of Attorney (POAs) become essential.

A person makes Powers of Attorney while they are still mentally capable. They name the person or people authorized to make decisions on the person’s behalf if they become incapable.

There are two types of POAs:

  • An Enduring Power of Attorney authorizes someone to manage a person’s financial affairs (e.g. paying bills, managing investments, selling property) if they are alive but have lost the capacity to handle these things for themselves.
  • A Power of Attorney for Personal Care appoints someone to make decisions about another individual’s well-being (e.g. health care, diet, support services, etc.) if the individual becomes incapable. A POA for Personal Care is also commonly referred to as a Personal Directive or a Living Will.

Epilogue currently doesn’t offer Powers of Attorney in New Brunswick, but they are coming soon — so stay tuned!

I’m ready to make my Will! How can I get started?

Ready to make your Will? To get started, just click here. For a limited time, you can enjoy 20% off your Will with the discount code NB20 (expires November 28th, 2021, at 11:59 PM EST.)

And if you still have questions or need any help, reach out to us anytime via the live chat in the bottom right corner or send us a message, and we will get back to you as soon as we can! For more information about Epilogue, visit our website: https://epiloguewills.com.

Written By Amanda Levine
Amanda is the Director of Content at Epilogue. She's committed to helping all Canadians learn the importance of estate planning and protecting the ones they love most. In her spare time, she fosters with a local rescue and walks her rescue dog, Louise!