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 [confirm against the statute] |
| Probate cost | Charged by value band, at a rate of roughly $5 per $1,000 on larger estates. [confirm against the statute] |
| Spouse’s share on intestacy | Intestate distribution divides between spouse and issue; the marital property regime interacts with it. [confirm against the statute] |
| Will registry | No central government will registry. [confirm against the statute] |
| Claims against the estate | Provision for Dependants Act claims. [confirm against the statute] |
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 one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- 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
- Co executor dies during unresolved deadlock ontario — Treadstone Law
- Executor waste estate assets ontario — Treadstone Law
- Do small estates need probate ontario — Treadstone Law
- Small estate certificate vs full probate ontario — Treadstone Law
- What does executor do ontario — Treadstone Law
- Executor undisclosed assets found after distribution — Treadstone Law
- Wills & estates practice — Treadstone Law
- Religion by census metropolitan area, 2021 Census — Statistics Canada