A will nobody can find is, in practice, a will that does not exist. Here is how wills are located in New Brunswick, and what the law expects of an executor who cannot find one.
Where to look in New Brunswick
| Item | New Brunswick |
|---|---|
| Governing statute | Wills Act and Devolution of Estates Act |
| Court | Court of King's Bench (Probate Court) |
| Handwritten (holograph) wills | Valid |
| Probate cost | A probate TAX by value band: $200 on estates up to $20,000; $200 plus $5 per $1,000 (or part) on the portion between $20,000 and $100,000; and $600 plus $15 per $1,000 (or part) on everything above $100,000. On a $1,000,000 estate that is $14,100 — New Brunswick is a high-cost probate province, not a cheap one. |
| Spouse’s share on intestacy | There is no preferential dollar share in New Brunswick. The surviving spouse first takes the intestate’s interest in whatever is marital property under the Marital Property Act, and then takes half the residue if there is one child, or a third of the residue if there is more than one. A spouse with no surviving issue takes the whole estate. |
| Will registry | No central government will registry. |
| Claims against the estate | Provision for Dependants Act claims. "Dependant" is defined to include the spouse or child of the deceased outright — with no age limit and no requirement that the deceased was actually supporting them — plus anyone who was a dependant under the Family Law Act. The gate is in the operative section instead: the applicant’s resources, counting everything they take under the will or on intestacy, must be insufficient to provide adequately for them. |
A diligent search
- The deceased’s lawyer, and the firm’s successor if it has closed.
- Safety deposit boxes at every bank they used.
- Home safes, filing cabinets, and digital storage.
- Will registries — government where one exists, private otherwise.
- The provincial law society, which may hold records for a wound-up practice.
Where an original will was last known to be with the deceased and cannot be found, a court may presume it was destroyed deliberately — and administer the estate as an intestacy. Documenting the search is what rebuts that.
Why this is a religious question too
The hadith on wills speaks of the document being "kept ready with him" — findability is part of the obligation, not an administrative afterthought. Recording that a will exists, and where, is the gap the Islamic Will Registry exists to close.
Common questions
What if we cannot find the original?
A copy may be admissible, but where the original was last known to be with the deceased a court may presume it was destroyed deliberately and treat the estate as intestate.
Who is allowed to search for a will?
Typically the executor named in a will, or a family member applying to administer the estate.
Does registering a will make it valid?
No. A registry records that a will exists and where it is kept. Validity is a separate question governed by the province's formal requirements.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- What to do when someone has died — Canada Revenue Agency
- Probate fees by province / territory — TaxTips.ca
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
- Religion by census metropolitan area, 2021 Census — Statistics Canada
- Preferential share spouse intestacy ontario — Treadstone Law
- Holograph handwritten will ontario — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Matrimonial home one spouse never lived there — Treadstone Law
- Wills & estates practice — Treadstone Law