General Power of Appointment

A person can use their will to leave all of their real and personal property to whoever they want, whether they acquired it before or after making the will. This includes things like estates that are held by someone else ("estates pur autre vie"), future interests in property that may not have been vested yet, and the right to enter and take possession of the property. The testator can leave these things to someone even if they themselves aren't yet identified as the person who will receive them.

Gifts to witness/creditor

If a person who is a beneficiary under a will, or their spouse, witnesses the signing of the will, any gift or disposition of property to that person is void. However, the witness can still testify to the validity or invalidity of the will.

If at least two witnesses who are not beneficiaries or their spouses attest to the will, then the gifts and dispositions are not void.

If a creditor or the spouse of a creditor whose debt is charged by the will attests to the will, they can still testify to the validity or invalidity of the will, even though they are a beneficiary under the will.

Activity after will is made

A will is still valid even if the testator made changes to their property or assets after the will was made.

If the testator had the power to give away a certain property or asset in their will, then any subsequent changes made to that property or asset after the will was created won't affect the will's validity.

If the testator made a contract to sell or transfer a property or asset after the will was created, then the person who receives that property or asset takes over any rights or interests the testator had in it.

If the testator has left a bequest for the proceeds of the sale of a property, and they receive those proceeds before they die, then the bequest is still valid even if the proceeds are mixed with other funds as long as the proceeds can be traced back to the testator's account.

Failed bequest

For bequests that become void for one reason or another, the property involved in the void bequests is included in the residuary devise or bequest (i.e. the part of the will that distributes any remaining property that was not specifically bequeathed elsewhere) unless there is a contrary intention in the will.

Bequest of property/land

Unless there is a contrary intention in the will, if a testator devises their land in a particular place or to a particular person, or if the land is described in a general manner, the devise includes any leasehold estates of the testator that falls within the description as well as any freehold estates.

Words of limitation

Unless there is a contrary intention in the will, if real property is devised to a person without words of limitation (i.e. words that specify the extent of the estate being devised, such as "to A for life" or "to A and their heirs"), the devise passes the fee simple or the whole of any other estate that the testator had the power to dispose of by will in the real property.

Property to a deceased sibling

If a person leaves property to a child or sibling who dies before them, the property will go to the deceased person's descendants.

Distribution of mortgaged property

When a person dies and they have an interest in a property that has a mortgage, that interest is responsible for paying the mortgage debt, unless the deceased indicated otherwise in their will, deed or another document. Any part of the interest in the property will be responsible for a proportionate part of the mortgage debt.

If the deceased did not indicate otherwise in their will or other document, a general direction to pay debts or a charge of debts on their estate does not count as indicating a contrary intention, unless they specifically refer to the mortgage debt.

However, this does not affect the right of a person entitled to the mortgage debt to obtain payment from other assets of the deceased or in any other way.

NB Wills Act s.2, 12, 13, 20, 22, 23, 25, 28, 33