Does Divorce Revoke a Will in New Brunswick? What You Need to Know
Does Divorce Revoke a Will in New Brunswick? What You Need to Know
New Brunswick changed the rules in December 2025. Under Bill 13 — an amendment to the Wills Act — bequests and executor appointments for ex-spouses are now automatically revoked when a relationship ends. This brought New Brunswick in line with most other Canadian provinces.
But there's a critical exception that could still cost your family hundreds of thousands of dollars.
What Bill 13 Changed
Under the old rules, a divorce had no automatic effect on your will. If you named your spouse as beneficiary and executor, those designations survived the divorce unless you physically wrote a new will. Many people didn't, and their ex-spouses inherited everything.
Under the new Section 15.02 of the amended Wills Act:
- Any bequest of property to a former partner is automatically revoked
- Any appointment of a former partner as executor, trustee, or guardian is automatically cancelled
- The will is read as if the former partner had died before you
This applies not just to divorced couples but to separated couples as well. Under the Act, you're considered "separated" if you've lived apart due to relationship breakdown for at least two continuous years, or if you have a signed separation agreement or court order dividing your property.
Common-law partners who cohabited for at least two years are also covered.
The Exception That Matters
The automatic revocation under Bill 13 does not apply to direct beneficiary designations on financial contracts.
This means:
- RRSP beneficiary designations — still governed by contract law
- TFSA beneficiary designations — same
- Life insurance policy beneficiaries — same
- RRIF beneficiary designations — same
- Pension plan survivor benefits — same
If your ex-spouse is named as the beneficiary on any of these products, they will receive those assets when you die — regardless of what your will says, regardless of Bill 13, regardless of the automatic revocation rules.
The financial institution is legally discharged of liability when they pay the person on file. Your estate has no recourse.
Why You Should Still Write a New Will
Even though Bill 13 provides automatic protection, relying on it is risky for several reasons:
1. The automatic rules have exceptions. If your will, marriage contract, or separation agreement "explicitly states a contrary intention" — meaning it says you want your ex to inherit — the automatic revocation doesn't apply. Ambiguous language in old agreements could create litigation.
2. Your will no longer reflects your wishes. If your ex-spouse was your primary beneficiary, the automatic revocation creates a gap. Depending on how your will was drafted, assets may pass to contingent beneficiaries you didn't intend, or fall into intestacy (provincial distribution rules that may not match your preferences).
3. Executor and guardian appointments. If your ex was your executor and guardian for minor children, those roles are now vacant. Without named alternates, the court will appoint someone — and you won't have a say.
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Execution Requirements for a New Will
A valid will in New Brunswick must be:
- In writing
- Signed by the testator (you) in the presence of two adult witnesses
- Signed by both witnesses in the presence of the testator
New Brunswick permanently permits remote witnessing of wills, provided at least one of the two witnesses is a practicing lawyer in the province. This means you can execute a valid will over video call without everyone being in the same room, as long as one witness is an NB lawyer.
Immediate Steps
- Write a new will naming your current intended beneficiaries, executor, and guardian for minor children
- Update beneficiary designations directly with every financial institution — RRSPs, TFSAs, life insurance, pension plans
- Update your power of attorney if your ex-spouse was your designated attorney for personal care or property
- Review your separation agreement for any clauses that could be interpreted as a "contrary intention" under Bill 13
The New Brunswick After-Divorce Checklist includes a complete estate restructuring section with beneficiary audit worksheets and step-by-step guidance for executing a new will and powers of attorney.
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